Strategic Contracting in China for Foreign Firms

Thunderbird International Business Review, Vol. 57, No. 3, pp. 241-254

21 Pages Posted: 14 Sep 2020 Last revised: 16 Sep 2020

See all articles by Chris Carr

Chris Carr

California Polytechnic State University, San Luis Obispo

Dan Harris

Harris Bricken Law Firm

Date Written: 2015

Abstract

There is serious debate within the global business community regarding the value of the Chinese court system and written business contracts in China. One side asserts the validity of such contracts and that Chinese courts are good at enforcing them. The other side argues the contrary. Using data from several sources, we demonstrate that the legal system and well-written contracts do, in fact, matter in China. This article also recommends how contracts can be structured and strategically used to make doing business in China and with Chinese firms more predictable and efficient.

Keywords: China, Strategic Contracting, Contracts, Commercial Disputes, Litigation, Enforcement of Judgments, Company Seal or 'Chop'

Suggested Citation

Carr, Chris and Harris, Dan, Strategic Contracting in China for Foreign Firms (2015). Thunderbird International Business Review, Vol. 57, No. 3, pp. 241-254, Available at SSRN: https://ssrn.com/abstract=3690681

Chris Carr (Contact Author)

California Polytechnic State University, San Luis Obispo ( email )

Orfalea College of Business
1 Grand Avenue
San Luis Obispo, CA 93407
United States
805-756-2657 (Phone)
805-756-0110 (Fax)

HOME PAGE: http://www.cob.calpoly.edu/directory/profile/chris-carr/

Dan Harris

Harris Bricken Law Firm ( email )

600 Stewart Street, Suite 1200
Seattle, WA 98101
United States

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