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Is English Contract Enforceable in China?

Sophie Mao LegalTips 2020-01-25

The answer is yes.  Generally speaking, all contracts, no matter what language it is in, as long as its’ content is legitimate, once duly executed, is enforceable.

But please be remembered that, the purpose for a contract is not only  binding both party, but also recording mutual agreement, which could be used in court in the event of dispute.


In PRC’s court, the only language allowedto be used is Chinese.  Meaning, though the binding effect is recognized in the court, but the contract can’t be useduntil it’s being translated by someone assigned by the court.

 

Lawyer’srecommendation: prepare a bilingual contract anddeclare that Chinese version will prevail where there is any confliction unlessyou will never bring suit in PRC’s court. The Chinese version prepared by a lawyer you trust could better protectyour interest than a Chinese translation done by some stranger.


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