A sale of goods is a "contract by which the seller transfers or agrees to transfer the property in goods to the buyer for money consideration called the price". Or we can say a sale of goods contract governs the business relationship between a buyer and a seller of goods.
 
In order to constitute a sale of goods under the legislation, the consideration must be money, the price is fixed during the course of negotiations between the parties and the contract of sale must be in relation to goods (or chattels) rather than land or buildings. The agreement need not be in writing, but is sound practice to do so to avoid uncertainty and the terms of the sale contract, such as the time of delivery, the price, standard of goods, whether they have been sold subject to a description, whether they may be returned, and whether a retention of title is intended to apply to the goods sold under the contract.
 
The ownership of goods passes at different times, depending upon the type of goods sold in the sale of goods contract, and are different for specific and named goods, unascertained goods and future goods. The time the ownership (i.e. title) passes in sales of goods is important as the owner of the goods bears the risk in the event that the goods are destroyed or they perish. In some instances the contract may be able to be avoided in its entirety.

Published in Contract Drafting

More and More China companies are involved in international commercial arbitration, ever since China business entities' commercial activity increases. International commercial arbitration is the process of  resolving business disputes between or among transnational parties through the use of one or more arbitrators rather than through the courts.  It requires the agreement of the parties, which is usually given via an arbitration clause that is inserted into the contract or business agreement. The decision is usually binding.  This chapter will present the major international arbitral institutions and the resources found on their Web sites.  It will also review commercial and private databases that provide primary and secondary sources of arbitration information.  Any omissions or errors are solely the responsibility of the author.

As the number of international commercial disputes mushrooms, so too does the use of arbitration to resolve them.  The non-judicial nature of arbitration makes it both attractive and effective for several reasons.   There may be distrust of a foreign legal system on the part of one or more of the parties involved in the dispute.  In addition, litigation in a foreign court can be time-consuming, complicated, and expensive.  Further, a decision rendered in a foreign court is potentially unenforceable.   On the other hand, arbitral awards have a great degree of international recognition.  For example, more than 140 countries have agreed to abide by the terms of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, known as the New York Convention.

In Business, it is crucial for each party to protect their interests. It is for this reason that business interests sometimes conflict and create a legal issue and potential litigation. When you find yourself in such a situation, Our Beijing lawyer has the expertise and experience to make sure your best interests remain protected.

We represent clients in all areas of business litigation, including:
• Contract Disputes
• Partnership Dissolution
• Unfair competition and False Advertising
• Fraud
• Trademark Infringement
• Debt collection

Whether you are filing a lawsuit against another party or being sued, it is important to work with an experienced business lawyer to protect your rights. We are aggressive litigators and trial lawyers that will advocate on your behalf. We will carefully research and honestly assess your case so you can make the most practical business decision.

Our diligence allows us to advocate with complete confidence that we only pursue your best interests. That is why we are not afraid to let you know when you should settle or take a case to trial. We will clearly tell you the advantages and disadvantages of various litigation strategies, and guide you through the complexities of litigation in order to meet your needs. We will help you to achieve your objectives and resolve your disputes while minimizing your potential liability and costs.

A long record of winning cases is the hallmark of our law firm’s trial practice. With over fifteen years of courtroom experience, we try virtually all types of business and other civil disputes including employment, contract, shareholder, real estate, construction, probate, and complex personal injury cases. Unlike many large firm counterparts, who are often fixated on dragging out lengthy and expensive discovery and motion practice, our firm seeks prompt resolution of disputes by aggressively and judiciously preparing cases for trial. While it is true that at least 90% of civil cases settle before trial, being prepared and willing to go to trial maximizes settlement results. Our firm’s passion is for the highest level of excellence in courtroom advocacy and we routinely achieve the results to prove it. Our attorney also utilizes the latest technology in case management and presentation software to maximize efficiency and to ensure our clients receive the most cost-effective and high-impact service possible. Whether in state or federal court, before an administrative agency or pursuing alternative dispute resolution via mediation or arbitration, our experienced and focused trial team repeatedly outmaneuvers larger, less flexible, and more expensive firms.

Published in Litigation

China's legislature has approved revisions to a key criminal law that will restrict police powers to secretly detain people, at least on paper.

The changes to the criminal procedure law were the most high-profile ones approved Wednesday on the last day of the annual National People's Congress. The Communist Party-controlled body also approved the budget for this year that calls for a boost in domestic consumption to keep the economy expanding while overseas markets remain weak.

Some scholars have welcomed the criminal procedure changes, saying they will offer better protection of suspects and reflect increasing awareness in China of the need for stronger detainee rights, although enforcement of many laws in China is spotty.

Detentions in unofficial locations such as hotels or guesthouses in China are well-documented. Last year many people -- from renowned artist Ai Weiwei to rights lawyers and petitioners -- were illegally held in locations away from formal detention areas, sometimes for months.

Published in Criminal Defense

As a foreign national or expats, the first thing you have to do is to consult our Beijing criminal defense lawyer when you are facing a criminal charge in Beijing. Our Beijing criminal defense lawyer carefully and thoroughly prepares each case for the defense, no matter how serious the charges. This preparation often results in discovering strong defense opportunities that can be exploited in the battle for the defense of your case. In many criminal cases, it requires an aggressive approach in order to increase the possibility of a better outcome. Our legal team includes a certified criminal law specialist and we take pride in their reputation as hard-hitting and skilled criminal lawyers. Our reputation has been earned through years of defending cases in state and federal courts in the Beijing area. We have over forty years of experience in the defense of criminal cases; this experience is drawn upon for every client.

Our Team's Approach to Criminal Defense

At our law offices, every case is handled by a team of criminal defense lawyers. The variety of experience and knowledge shared amongst the team creates a powerful defense support for your case. In many law firms, you will be handled by a law clerk or assistant. This is not the way our firm operates. Your case will be handled by a team of criminal defense lawyers, and every aspect of the case is thoroughly reviewed and evaluated, seeking out the flaws in the case against you. Most cases have some degree of doubt that could be expanded and exploited in the defense of the client. Law enforcement errors, violation of rights, lab errors: each detail of the case will be completely assessed with the intention of discovering a viable defense strategy.

Published in Criminal Defense
Tuesday, 13 March 2012 03:46

Beijing Lawyer Practice Areas

We are general practice law firm in Beijing. Our success for over three decades is a direct result of our commitment to ensure that our clients achieve their objectives in all general legal matters, litigation, family law and trial.

Whatever your legal need, the broad general law knowledge and experience accumulated by the attorneys in this Beijing law firm provides us with the expertise to assist business and individuals with their family in complex personal injury or divorce cases, as well as in providing wise counsel for management of personal arrangements. Whether you need a litigation lawyer or a divorce attorney in Beijing, we can provide solid legal representation.

Published in Legal Counsel
Monday, 13 February 2012 09:26

About Us

We are a Beijing law firm built to serve business leaders. They come to us for guidance because we understand their issues, their priorities, and the way they think. Our job is to help our clients manage risk and make better business decisions by offering practical, innovative advice. Probably the best compliment we receive from clients is that we treat their issues and their businesses as if they are our own.

Our Beijing lawyer is the premier legal advisor to technology, life sciences, and other growth enterprises worldwide. We represent companies at every stage of development, from entrepreneurial start-ups to multibillion-dollar global corporations, as well as the venture firms, private equity firms, and investment banks that finance and advise them. The firm's broad range of services and practice areas are focused on addressing the principal challenges faced by the management, boards of directors, shareholders, and in-house counsel of our clients.

Published in Legal Counsel
Monday, 13 February 2012 09:26

Legal Fees

Our charge is based on the following style:

Hourly Rates

Hourly rates are the most common arrangement. Under this arrangement, the attorney gets paid an agreed-upon hourly rate for the hours worked on a client's case or matter until it's resolved.

It depends on each attorney's experience, operating expenses, and the location of our lawyers' practice. Cheaper isn't necessarily better when it comes to your legal protection. A more expensive lawyer with a lot of experience may be able to handle a complex problem more quickly. Also, an experienced attorney will be able to better estimate how many lawyer hours a particular matter will take to resolve.

Published in Legal Counsel
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