Monday, February 28, 2011

China Law Blog on Korea Outsourcing

We at the The Korean Law Blog are proud of  being quoted by The China Law Blog.  The China Law Blog is hands down the King of Asian law blogs.

Dan’s post quoting the Korean Law Blog's post notes that:

But in so many areas of China business, there is a real uniformity of views among lawyers experienced in representing clients in or doing business with China. That is certainly the case when it comes to the legal safeguards one must undertake when outsourcing from China. These legal safeguards will save you money by both reducing the chance of problems and by greatly increasing your chances for a good resolution should problems occur.

I thought of this uniformity of views when I read a post on the Korean Law Blog, entitled, "Korean Outsourcing: The Legal Basics." It is a very good post on what it takes to do outsourcing to Korea correctly, but it really is a post on how to do outsourcing to anywhere correctly. In fact, all you need do is change the word "Korea" from that post to "China" and you have a great post on China outsourcing.

I absolutely agree with Dan.  J & S Law Firm also does work in China.  The risks of doing business in China are similar to the risks of doing business in Korea, Southeast Asia and most of the recently developed and developing world. 

However, in China, one must consider the courts not as a viable option, in most cases, for resolving contractual disputes.

In Korea, with a good former Korean judge, like my partner, and the hands-on guidance of an experienced non-Korean attorney, the judgment will normally go the same way as in an American or British court.  The situation, in China, is far less certain.

In China, approxiamtely 2/3 of judges are not formerly trained attorneys.  These judges are either former military officers or political appointees.  The 1/3 that are trained attorneys are often vying for political recognition.  The courts are becoming more transparent and the quality of judges is improving, however, we still have a long way to go to consider the Chinese courts a true viable option.

Dan's blog can be found at: http://www.chinalawblog.com/.

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SeanHayes@ipglegal.com