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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 285
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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A potential consulting client in China has requested my

Resolved Question:

A potential consulting client in China has requested my company sign an NDA. The clauses look very standard and reasonable, but the NDA is to be subject to the laws and courts of China. Should I be concerned by this and insist on the UK. Or is that more relevant for any ensuing consulting contract?
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hi Tony

Be aware this means that the laws of China apply to the agreement. This could cause issues in the future if any dispute occurs, any disputes will be dealt with under Xhiese

Kind regards

Paul

Customer: replied 1 year ago.

Yes I understand that. The question is whether I should be concerned about it? (In particular in regard to an NDA where I am not expecting any issues.)

Expert:  propertylawyer replied 1 year ago.

Not having seen the document or knowing a great deal more about the arrangements in this situation it is difficult to say.

The immediate concern should be if there are issues then Chinese law will apply. This will leave you either having to bring an action or defend one in a foreign jurisdiction. The clauses may look standard and reasonable but do you know whether the clauses are compatible with Chinese law. Secondly, the document and its provisions may be contrary to Chinese law rendering it void and unenforceable.

For comfort you would need to take advice on the NDA from a Chinese or dual qualified lawyer.

Customer: replied 1 year ago.

Thanks, ***** ***** a helpful perspective.

Expert:  propertylawyer replied 1 year ago.

No problem. I would be most grateful if you would take a moment to accept /rate please.

God luck.

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