0 1
Are Contracts Worth the Cost? Where to Find a Lawyer?
Post 1 of 7
USA_Seller
offline
No Company Website yet
Overall Ranking MVP:107 Rank:6,296
We are an importer from the US, and we frequently make verbal sole agent / exclusivity agreements with Chinese manufacturers. These agreements are frequently broken, and I am wondering if it is worth it to have a lawyer draft legal documents. If the agreements are broken, how difficult / costly is it to seek damages?


Most of our business is done with ShenZhen, and while I have been told that I should seek a lawyer from Hong Kong because they speak English, I wonder if that would be the best choice since it seems that the laws are different? Where can we find a lawyer, and what should we expect that it will cost (per hour / per contract)? Any recommendations on legal firms in ShenZhen?
11 Mar 2008 06:19
Post 2 of 7
Paul Lu
offline
No Company Website yet
Overall Ranking MVP:64 Rank:71,730
Replying to [USA_Seller]:It is necesary to have a written agreement with your partner. If any breach to the agreement occurs, the cost for seeking remedies in China includes attorney's fee, court cost and other expenses. I am a lawyer in Shenzhen, speaking English.
24 Mar 2008 23:28
Post 3 of 7
rodney69
offline
No Company Website yet
Overall Ranking MVP:133 Rank:3,124
Quoting from [USA_Seller]:


We are an importer from the US, and we frequently make verbal sole agent / exclusivity agreements with Chinese manufacturers. These agreements are frequently broken, and I am wondering if it is worth it to have a lawyer draft legal documents. If the agreements are broken, how difficult / costly is it to seek damages?



Most of our business is done with ShenZhen, and while I have been told that I should seek a lawyer from Hong Kong because they speak English, I wonder if that would be the best choice since it seems that the laws are different? Where can we find a lawyer, and what should we expect that it will cost (per hour / per contract)? Any recommendations on legal firms in ShenZhen?



Just so you understand, the Chineese government has way too much on their hands to worry about that sort of thing, and I don't believe that any contract you make can even be held up between the 2 borders.

I'm not trying to be down about it, but it would be VERY expensive I think to get an appropriate contract, then who is going to enforce it? I deal with importing as well, but it's a matter of finding the right company that cares about their reputation.

Sorry I don't have more for you,

Rodney

09 Apr 2008 16:11
Post 4 of 7
Quoting from [USA_Seller]:


We are an importer from the US, and we frequently make verbal sole agent / exclusivity agreements with Chinese manufacturers. These agreements are frequently broken, and I am wondering if it is worth it to have a lawyer draft legal documents. If the agreements are broken, how difficult / costly is it to seek damages?



Most of our business is done with ShenZhen, and while I have been told that I should seek a lawyer from Hong Kong because they speak English, I wonder if that would be the best choice since it seems that the laws are different? Where can we find a lawyer, and what should we expect that it will cost (per hour / per contract)? Any recommendations on legal firms in ShenZhen?
I don't know how quickly you can find a resolution in the states but i imagine it wold be a time consuming, expensive operation in China.


This maybe quite different from your situation but I've heard of very big Japanese business suing a small Chinese companies over copyright issues (in China), i think it was still going on after 4 years. Not to sound doom and gloom but  i don't know many cases where it's been succesful.
14 May 2008 19:11
Post 5 of 7
ChinaLawyer
offline
No Company Website yet
Overall Ranking MVP:461 Rank:420
Quoting from [Magic Spoon]:

Quoting from [USA_Seller]:



We are an importer from the US, and we frequently make verbal sole agent / exclusivity agreements with Chinese manufacturers. These agreements are frequently broken, and I am wondering if it is worth it to have a lawyer draft legal documents. If the agreements are broken, how difficult / costly is it to seek damages?




Most of our business is done with ShenZhen, and while I have been told that I should seek a lawyer from Hong Kong because they speak English, I wonder if that would be the best choice since it seems that the laws are different? Where can we find a lawyer, and what should we expect that it will cost (per hour / per contract)? Any recommendations on legal firms in ShenZhen?
I don't know how quickly you can find a resolution in the states but i imagine it wold be a time consuming, expensive operation in China.



This maybe quite different from your situation but I've heard of very big Japanese business suing a small Chinese companies over copyright issues (in China), i think it was still going on after 4 years. Not to sound doom and gloom but  i don't know many cases where it's been succesful.


I am sure legal action would be much much less costly and less time consuming than that in some other countries such as US. I have represented my overseas clients and we get winning judgment. The whole process will take a few months , sometimes will be a little more than one year.

29 Jun 2008 18:45
Post 6 of 7
PC2008
offline
No Company Website yet
Overall Ranking MVP:52 Rank:132,019
Quoting from [USA_Seller]:


We are an importer from the US, and we frequently make verbal sole agent / exclusivity agreements with Chinese manufacturers. These agreements are frequently broken, and I am wondering if it is worth it to have a lawyer draft legal documents. If the agreements are broken, how difficult / costly is it to seek damages?



Most of our business is done with ShenZhen, and while I have been told that I should seek a lawyer from Hong Kong because they speak English, I wonder if that would be the best choice since it seems that the laws are different? Where can we find a lawyer, and what should we expect that it will cost (per hour / per contract)? Any recommendations on legal firms in ShenZhen?

 

Did you ever get a reply.  Also, I am considering doing business with a company in ShenZhen.  It is the ShenZhen Photoelectric and technology company.  Have you worked with them?  If so, what has been your experience?

09 Jul 2008 08:16
Post 7 of 7
ChinaLawyer
offline
No Company Website yet
Overall Ranking MVP:461 Rank:420
Quoting from [PC2008]:

Quoting from [USA_Seller]:



We are an importer from the US, and we frequently make verbal sole agent / exclusivity agreements with Chinese manufacturers. These agreements are frequently broken, and I am wondering if it is worth it to have a lawyer draft legal documents. If the agreements are broken, how difficult / costly is it to seek damages?




Most of our business is done with ShenZhen, and while I have been told that I should seek a lawyer from Hong Kong because they speak English, I wonder if that would be the best choice since it seems that the laws are different? Where can we find a lawyer, and what should we expect that it will cost (per hour / per contract)? Any recommendations on legal firms in ShenZhen?

 

Did you ever get a reply.  Also, I am considering doing business with a company in ShenZhen.  It is the ShenZhen Photoelectric and technology company.  Have you worked with them?  If so, what has been your experience?



For international business, it is most important to conclude a contract in order to protect you when the other side breaks the terms and conditions. A good contract will also encourage both sides to try to meet the requirements of the contracts. It is wise to find a lawyer to help with the contract and also check the credibility of the supplier. As a lawyer in shenzhen, you can contact me for more information.

I

01 Dec 2008 18:50
Email this page Bookmark this page