The Dutch entrepreneur is increasingly interested in exploring the Chinese market. In all aspects, China is a challenge. The potential gains are high. The same goes for the risks. You will have to make arrangements with Chinese companies and depend on government decisions. To step into China, you need advice. Even if you have been successful on the Chinese market for many years, it is worthwhile to have your methods and processes scanned for possible improvements, to ensure optimal returns.
For example, did you know that you should not apply your general terms and conditions to an agreement with a Chinese party? In most cases, terms and conditions of a Dutch company will be governed by Dutch law and a Dutch court will have jurisdiction in case of disputes. However, a Dutch verdict cannot be executed against a Chinese party in China. This means that the seizure of goods in China based on a verdict from a Dutch court is impossible. Judgements of foreign courts are only recognised by China if an enforcement treaty has been signed with the country concerned. There is no such treaty between the Netherlands and China. It would be a better option to have the agreement governed by Chinese law as well as to opt for jurisdiction of the Chinese courts. Another option would be to opt for [international] arbitration, since China is a member of an international arbitration convention.
What can we offer you?
A Dutch lawyer in China
By working with a Chinese law firm, we can advise you on Dutch and Chinese legal issues, under favourable terms. This Chinese law firm employs Dutch citizens, enabling you to communicate in Dutch. You can contact us not only for legal advice, but for consultations on strategy, language, culture and customs as well. What are the pitfalls? What are the do’s and the don’ts? Since this law firm has been established in Shanghai for years, they have ample knowledge of local, regional and national markets. They also have a solid relationship with the government when it comes to communication. This cooperation also involves broad knowledge of international contracts.
In other words:
BG.China, your legal entrance to China.
Get in touch with us to find out more.
T: +31 (0)88 141 08 16