The Greatest Strategy to Ship a Draft Contract to Your China Counterparty

The opposite day I cleaned up and revised the varied e mail templates our China attorneys generally use to reply incessantly requested questions despatched to us by our shoppers and potential shoppers. One of many frequent questions we get from shoppers is on learn how to ship to the Chinese language facet of a deal the contracts our attorneys have drafted.

Our normal reply is the next:

It’s normally finest so that you can ship a draft contract to the Chinese language facet as an already signed PDF. You obtain two targets by doing it this manner. First off, the Chinese language facet can’t simply modify this with out you seeing the modifications they’ve made. It isn’t uncommon for Chinese language firms to signal and return your signed Phrase doc as if they didn’t make any adjustments after they truly did. Utilizing a PDF makes this much less possible.

Second, sending the contract this manner basically tells them, “please execute this with none adjustments so we are able to transfer ahead shortly.” When you ship them a Phrase doc you might be all however inviting them to make adjustments to it.

I word although that in the previous couple of years it has develop into customary to make use of a Phrase doc for China contracts as a result of Chinese language firms have began to make quite a lot of adjustments to their contracts. That is truly a great factor as a result of it means they now take their contracts severely and that in flip means they understand Chinese language courts have gotten higher at imposing them. This implies they don’t sometimes signal a contract planning to breach it.

So the present finest technique is for you is to ship them a signed PDF. Then, in the event that they ask for it in Phrase format you may and may ship them that. Simply don’t ship the Phrase doc till they ask for it!

Your ideas?