| China Brands matter settled in WTO dispute with US |
|
March 8, 2010 Link
|
|
By Joseph J. Dehner
At the end of 2009, the US and China resolved a spat over China’s “Famous Brand” program. China has encouraged its large companies to begin branding their products, rather than simply being OEM supplier to the world. Many companies that manufacture vast quantities of goods in China are unknown by their own names to consumers, because they make the goods for other companies that brand them under their own chosen names. China wants its companies to become full-fledged competitors in marketing beyond manufacture. To prod Chinese companies to expand beyond the burgeoning Chinese market, the Chinese Government has engaged in activities that encourage companies to go abroad with their own brands.
|
 |
| Hong Kong Arbitral Awards now recognized as enforceable in the PRC |
|
February 18, 2010 Link
|
|
By Joseph J. Dehner
Although Hong Kong is part of the People's Republic of China, it has a special status. "One Country / Two Systems" is the hallmark of the PRC's relationship with Hong Kong. One issue important to contract drafters and those involved in disputes has been whether a Hong Kong arbitration will result in an enforceable award within the PRC. Many western businesses would prefer to resolve a commercial dispute in Hong Kong than in the PRC. As an inheritor of common law traditions and a region with fluent English speakers and arbitrators, Hong Kong is viewed as a fair and appropriate forum to resolve disputes between Chinese and western businesses. If a Hong Kong arbitral award would not be enforceable within China, however, it could serve no purpose to insist on Hong Kong arbitration within a commercial agreement.
|