Business Negotiations in China: Navigating Chinese Systems, Laws and Cultural Differences in Structuring Deals

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, June 4, 2014

Recorded event now available

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Course Materials

This CLE course will provide guidance for counsel to companies to understand and manage the unique legal challenges presented for clients—large and small—doing business in China. From first hand experience, the panel will examine the key legal aspects of deal making in China, in part due to cultural differences, and offer best practices for negotiations and entry into the China market.

Description

U.S. companies are regularly conducting business in and with China. Counsel for companies face a completely different legal system, business environment and culture. Counsel must develop a deep understanding of the intricacies of doing business in China.

Legal representatives must prepare for Chinese long-standing business practices. During contract negotiations, there may be stalling and talking with various negotiators lacking authority to negotiate. Once the contract is inked, there may still be a push for term changes.

Counsel must understand the unique aspects of Chinese law and the Chinese system that impact foreign companies doing business in China. They must also keep in mind cultural considerations essential to getting a deal done.

Listen as our authoritative panel examines the key legal aspects of dealmaking in China and the “ins and outs” of doing business in China. The panel will offer guidance on dealing with the cultural considerations when doing business in China and best practices for negotiating a deal.

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Outline

  1. Understanding the Chinese mindset
    1. Asian approaches used when negotiating with western companies/firms
    2. Differences in approach that cause problems in doing business
    3. Business scenarios that have gone badly
  2. Understanding the Chinese system
  3. Negotiating deals
    1. Key legal aspects of dealmaking in China
    2. Contractual tools that do not work China
    3. Corruption and the FCPA
  4. Best practices for negotiating the deal

Benefits

The panel will address these and other key questions:

  • What US contractual tactics and tools do not work well in China and which do?
  • How does the Chinese approach to business negotiations and a relationship differ from the U.S. approach, and what impact do they have?
  • What differences in the legal system, laws and policies should U.S. counsel be aware of when guiding and/or assisting a client enter the China market?
  • What best practices should U.S. counsel keep in mind when negotiating with Chinese counterparts?

Faculty

Robin Gerofsky Kaptzan
Robin Gerofsky Kaptzan
Senior Foreign Counsel
Haworth & Lexon Law Firm

Ms. Kaptzan has over 25 years business and legal experience, with over a decade of her experience in China. In China,...  |  Read More

John Lee
John Lee
Chief Executive Officer
LeeCore

Mr. Lee works with clients in world markets to solve business process issues as well as poorly performing sales forces...  |  Read More

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