Contracts are the building blocks upon which business relationships are founded, providing two or more parties with a clear description of the expectations, terms and repercussions at stake in their mutual transactions.

For foreign companies entering into commercial relationships with customers and suppliers in China —whether via a representative office, service company, foreign-invested commercial enterprise (FICE), or sourcing agent—contracts are an important mechanism for risk control.

It is therefore important for companies to recognize potential points of contention, and well as know the legal means to resolve disputes or potential litigation should it arise. 

The European Chamber is delighted to have two distinguished speakers with extensive legal background in China.

• Mr. Manuel Torres Salazar, Partner at J&A Garrigues S.L.P. will discuss the necessary steps for foreign businesses to protect their interests when entering into commercial relationships with customers and suppliers in China 

• Mr. Peter Corne, Partner at Dorsey & Whitney will present case studies on the common issues that foreign companies encounter, and offer his legal perspective on ways to resolve a commercial dispute in China (e.g. mediation, negotiation, arbitration, and litigation)   

AGENDA

14:00 to 14:30      Registration

14:30 to 14:40      Welcome Remarks by Mr. Carlo D’ Andrea, Vice-Chairman of the Board, Shanghai Chapter, European Chamber 

14:40 to 15:10      "Necessary steps to protect your interests when entering into commercial relationships with customers and suppliers in China" by Mr. Manuel Torres Salazar, Partner at J&A Garrigues S.L.P.

• Identifying your client or supplier: not as easy as you thought
• Object of the contract: is it really clear?
• Payment terms: not only how much, but when, and when not, to pay
• Payment methods: adopt the China way
• Transportation and logistics
• Labelling, warranties and product liability: think in the future
• Applicable law
• Confidentiality and non-disclosure obligations: protect your know-how
• Exclusivity obligations

15:10 to 15:20      Q&A

15:20 to 15:50      "Ways to resolve a commercial dispute in China" by Mr. Peter Corne, Partner at Dorsey & Whitney

• Common issues that foreign companies encounter
• Burden of proof/ Collecting evidence
• What’s the procedure in filing a claim
• Options for resolving a dispute
• Difficult terms to enforce

15:50 to 16:00      Q&A

16:00 to 16:10      Closing Remarks

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Speakers

Mr. Manuel Torres Salazar

Partner, J&A Garrigues S.L.P.

Mr. Manuel Torres Salazar

Partner, J&A Garrigues S.L.P.

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Manuel Torres is the partner in charge of Garrigues in China, where he works in the areas of Foreign Investment and Overseas Direct Investment projects for Chinese companies, both private and state-owned (SOE). He provides specialized advice on foreign investments, especially structuring, mergers and acquisitions, as well as handling complex litigation in the commercial area with a foreign component affecting such investments or commercial transactions.

Law Degree from the University of Santiago de Compostela (USC), Master in Maritime Law from the European Institute Maritime Law. He acts as arbitrator in international litigation at the Shanghai International Arbitration Center (SHIAC) and is a member of the Board of the Belt and Road International Lawyers Association (BRILA) founded by the Chinese Ministry of Justice and the All China Lawyers Association (ACLA). He has been distinguished by the Spanish government for his work in defense of Spanish interests with the award of the Cross of the Order of Civil Merit. He has been recognized by Chambers & Partners and the IFLR 500 for his indepth knowledge of the Chinese commercial legal market.

Mr. Peter Corne

Managing Partner, Dorsey & Whitney Shanghai Office

Mr. Peter Corne

Managing Partner, Dorsey & Whitney Shanghai Office

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Peter Corne is head of law firm Dorsey & Whitney’s Shanghai office and co-head of Dorsey’s Cleantech Business Group. He is a panelist in several Chinese arbitration and commercial mediation commissions. He conducted as presiding arbitrator the first arbitration between foreign companies in the Shanghai FTZ under SHIAC’s then revolutionary new rules and similarly as mediator conducted the first mediation in the FTZ between foreign companies in the FTZ Court. He is also Adjunct Professor at NYU Shanghai teaching International Mediation and Arbitration.

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