English Language Contracts in China

Are you considering whether you should write an English language contract for a Chinese client or hire a Chinese attorney to do it?

There are a few basic things you should know before making that decision.  Does a contract in China require a dual format or is English is enough.  Does the “legalese” translate easily?  What are the hot-button provisions?

I am no expert in this area, but I came across a fabulous “bLAWg” that addresses these issues.  Take a look at Using English-Language Contracts in China: My Q&A with China Law Blog by Adams on Contract Drafting for more information.  Ken Adams does a great job of addressing these initial questions.

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Definitions of Main Contract Clauses

Do you have trouble understanding the meaning of certain contract clauses?  Below is a link to a PowerPoint presentation that defines these clauses:

  • Merger and Integration
  • Choice of Law and Forum
  • Statute of Limitations
  • Indemnification
  • Time of Performance
  • Arbitration Clause
  • Saving (Severability)
  • Attorney Fee
  • Non-Waiver
  • Liquidated Damages

Click this link for the presentation:  Contract Clauses

I admit, that even with these definitions, some of the language may still be difficult for Turks and non-native English speakers (and some English speakers too!)  If you have any questions, please feel free to comment on this post or send us an email!