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 legal professionals typically use to reply regularly requested questions despatched to us by our purchasers and potential purchasers. One of many widespread questions we get from purchasers is on easy methods to ship to the Chinese language facet of a deal the contracts our legal professionals have drafted.

Our customary reply is the next:

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

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

I be aware although that in the previous few years it has grow to be customary to make use of a Phrase doc for China contracts as a result of Chinese language corporations have began to make numerous modifications to their contracts. That is truly a superb factor as a result of it means they now take their contracts significantly and that in flip means they notice Chinese language courts have gotten higher at implementing them. This implies they don’t usually signal a contract planning to breach it.

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

Your ideas?