/Expertise/Cross-Straits and international trade
Cross-Straits and international trade
With different cultural backgrounds and legal norms, both parties need full consideration and communication in multilateral trade affairs. Attorneys in Enlighten Law Group have had the experience of studying and practicing in the United Kingdom, the United States, Taiwan, and mainland China. In recent years, Enlighten Law Group has a high proportion of cases involving Cross-Straits and cross-border trade affairs.
Taiwan relies on foreign trade, but only a few lawyers are familiar with Cross-Straits and cross-border affairs. Enlighten Law Group has a high proportion of cases involving them.
A Taiwanese design company and a Danish high-end brand, Georg Jensen, set up a joint venture in Hong-Kong and created a new product line. It involved issues like complex trademarks, patents, and copyright. Since there are great differences in scale and strength between the two parties, Enlighten Law Group represented the Taiwanese company in the negotiation. The aim was to ensure smooth cooperation between the two parties. Our goal is to protect the legal rights and interests of our Taiwanese customers and make sure the contract did not favor the other party.
Such cases seem to be simple, but there are lots of details that need to be covered. Attorneys can not solely review provisions in the contract, but help enterprises to consider the state of business over time and how the implementation would work. The eventual goal is to achieve business cooperation based on a framework agreement.
Enlighten Law Group helped a manufacturing customer which was accused by the Norwegian company of breach of contract and violation of the non-compete clause. Our attorneys analyzed legal situations for the client, then looked for suitable lawyers in Norway, mediated between the two parties, and managed overall litigation expenses.
Most Taiwanese companies lack international legal experience in transnational litigation, and consequently, it’s difficult to have clear standards and bargain with foreign lawyers. If the expense of legal counsel is charged by hours and not under proper control, companies will be overwhelmed before the result of the lawsuit. In such cases, companies must have attorneys with international legal experience. So they can assess the qualification of foreign attorneys, determine the reasonable procedure, cost and working hours, and it’s all to protect customers from additional expenses.
In multilateral trade affairs, parties are from distinct cultural backgrounds and with different regulations, so it needs integrated consideration and full communication. Duties of lawyers in such cases are not only to reach commercial cooperation but also to prevent disputes or litigations after the contract was carried out.
In the process of contract negotiation, to avoid going back on promises or breach of contract, rights and obligations must be set clear, especially in the allocation of finance and equity.
In international business, lawyers should do their best to assist clients to keep away from litigation. Even if there are penalty clauses in the contract, actually it’s really hard to perform.
Many lawyers merely participate in the process of reviewing the contract, neglecting the participation in the preliminary negotiations and lacking deliberation for the long-term executions.
Moreover, many Taiwanese companies tend to use vague terms to leave some space for explanation, thinking that they could take advantage of the other party, but it easily leads to disputes in the following trade cooperation.
Once clients enter into the judicial process, attorneys should be able to understand transnational judicial cultures and legal systems to seek fair treatment; they should assist the client to investigate suitable local legal resources and control overall costs.
Attorneys in Enlighten Law Group have had the experience of studying and practicing in the United Kingdom, the United States, Taiwan, and mainland China. There are only 24 lawyers among the 1,200 arbitrators listed by the Chinese International Economic and Trade Arbitration Commission(CIETAC). Kunchou Tsai, Esq is one of them. Enlighten Law Group is competent at the cross-strait and transnational investments, trade, and litigation.