Dispute resolution
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Does local law allow for a choice of governing law?

Frequency/market practice: PRC law is mandatory for certain types of agreements (e.g., a purchase agreement of which both the seller and the buyer are Chinese entities, and JV contracts with Chinese entities). Otherwise, Hong Kong or Singapore law is more common. It is generally acceptable for an acquisition agreement to be governed by foreign law if at least one party is a foreign entity, but it is still more common to choose PRC law for China acquisitions to facilitate business registration if applicable.

What is the common governing law?

Frequency/market practice: PRC law is mandatory for certain types of agreements (e.g., a purchase agreement of which both the seller and the buyer are Chinese entities and JV contracts with Chinese entities). Otherwise, Hong Kong or Singapore law is more common. It is generally acceptable for an acquisition agreement to be governed by foreign law if at least one party is a foreign entity, but it is still more common to choose PRC law for China acquisitions to facilitate business registration if applicable.

Is litigation or arbitration more common? If arbitration, where?

Frequency/market practice: Arbitration is more common. Hong Kong and Singapore arbitration are commonly chosen. Chinese arbitration (e.g., China International Economic and Trade Arbitration Commission) is also commonly seen.