Comments on: China Product Quality — Let’s Talk Contracts http://www.chinahearsay.com/china-product-quality-lets-talk-contracts/ China law, business and economics commentary Thu, 09 Feb 2012 12:49:55 +0000 hourly 1 http://wordpress.org/?v=3.1.3 By: Stan http://www.chinahearsay.com/china-product-quality-lets-talk-contracts/comment-page-1/#comment-17303 Stan Wed, 14 Nov 2007 01:02:19 +0000 http://www.chinahearsay.com/?p=314#comment-17303 If we're talking about a small to mid-sized local factory with all assets in China, I would usually go with CIETAC arbitration/Chinese law. CIETAC has taken a lot of hits recently in some circles, but in this case I would use it. Second option, and with a larger manufacturer, HKIAC. If we’re talking about a small to mid-sized local factory with all assets in China, I would usually go with CIETAC arbitration/Chinese law. CIETAC has taken a lot of hits recently in some circles, but in this case I would use it.

Second option, and with a larger manufacturer, HKIAC.

]]> By: Brad Luo http://www.chinahearsay.com/china-product-quality-lets-talk-contracts/comment-page-1/#comment-17246 Brad Luo Tue, 13 Nov 2007 20:48:04 +0000 http://www.chinahearsay.com/?p=314#comment-17246 Thanks for the live lesson on contract law. Just wondering what the choce of law would be in case of arbitration? Thanks for the live lesson on contract law. Just wondering what the choce of law would be in case of arbitration?

]]> By: Stan http://www.chinahearsay.com/china-product-quality-lets-talk-contracts/comment-page-1/#comment-17210 Stan Tue, 13 Nov 2007 09:41:18 +0000 http://www.chinahearsay.com/?p=314#comment-17210 He's right. That's a better way to go. You still get the benefit of full disclosure, but the purchaser has complete control. Easier when it comes to dispute resolution/evidence as well. He’s right. That’s a better way to go. You still get the benefit of full disclosure, but the purchaser has complete control. Easier when it comes to dispute resolution/evidence as well.

]]> By: China Law Blog http://www.chinahearsay.com/china-product-quality-lets-talk-contracts/comment-page-1/#comment-17207 China Law Blog Tue, 13 Nov 2007 08:23:29 +0000 http://www.chinahearsay.com/?p=314#comment-17207 Not sure I like your no changes provision. The rule is: follow the specification exactly. No deviations from the specification are permitted. Then you can work out a procedure for revising the specification if necessary. If you allow change by notice, then you introduce a presumption that change is OK, which is probably not a very good idea. You always want to be able to say: here is the agreement, here is the specification, you deviated, you are responsible. If they say: but we told you we would deviate, you then say, your deviation was not formalized in a new specification so you are still liable. Not sure I like your no changes provision.

The rule is: follow the specification exactly. No deviations from the specification are permitted. Then you can work out a procedure for revising the specification if necessary. If you allow change by notice, then you introduce a presumption that change is OK, which is probably not a very good idea. You always want to be able to say: here is the agreement, here is the specification, you deviated, you are responsible. If they say: but we told you we would deviate, you then say, your deviation was not formalized in a new specification so you are still liable.

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