Herbert Smith Freehills has published the 6th edition of our popular guide "Dispute Resolution and Governing Law Clauses in China-related Commercial Contracts" (also known as the "Dragon Book")
The guide is aimed principally at multinational companies negotiating China-related commercial contracts. It explains the restrictions on choice of law and dispute resolution provisions under PRC law, and highlights common traps that drafters should avoid to ensure dispute resolution and governing clauses are effective. The guide also includes a number of recommended clauses.
Shanghai partner Brenda Horrigan, Beijing partner Jessica Fei and counsel Arthur Ma hosted breakfast seminars in their respective offices to launch the guide. The Hong Kong launch, which took place on 25 June, was hosted by Global Head of Disputes Justin D'Agostino, with partners May Tai and Simon Chapman. In the seminars, they reviewed the basic rules of choice on law and dispute resolution mechanisms in China-related contracts, and presented updates on recent developments, including:
- a 2013 interpretation of the Supreme People's Court and how it affects contracts which must be governed by Chinese law
- the latest on arbitration in mainland China, relevant court decisions, and how to draft effective onshore arbitration agreements
- the introductions of free trade zones in Shanghai and Shenzhen, and their impact on dispute resolution in China
Brenda commented: "There are many issues and traps to avoid when drafting China-related contracts and it is very important both to know the rules concerning dispute resolution and choice of law clauses and to be able to apply them in a practical way. We are pleased to be able to offer an accessible resource to help our clients navigate these complexities".
Justin commented: "Our Dragon Book has long been a favourite with clients who need a tool to guide them on drafting and negotiating contracts with Chinese parties. The fact that 2014 marks our sixth edition for this particular guide goes to show the strength of our disputes practice in this region. We are extremely pleased to see that it continues to be such a popular reference tool for our clients."
If you wish to receive a full copy of the guide, please contact Briana Young.
Simon Chapman KC
Partner, Regional Head of Practice - Dispute Resolution, Asia, Global Co-Head of International Arbitration, Hong Kong
Key contacts
Simon Chapman KC
Partner, Regional Head of Practice - Dispute Resolution, Asia, Global Co-Head of International Arbitration, Hong Kong
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