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CHINA CONFIDENTIALITY CONTRACT
保密协议
Main Clauses
Applicable Law and Arbitration
Model Contract (English-Chinese)
CHINA CONFIDENTIALITY CONTRACT 保密协议
1. Introduction
2. Main clauses
3. Law and Jurisdiction
4. Arbitration
5. Language
6. ...
The Confidentiality Agreement for China has the purpose
of safeguarding certain sensitive information (especially
commerci...
Some of the most important clauses in the China Agency Contract are as follows:
2. MAIN CLAUSES
See sample China Confident...
In accordance with Chinese Laws (PRC Civil Law), the Parties are
allowed to choose the law and jurisdiction they wish to a...
In contracts subject to Arbitration in China, it is advisable to act as follows:
•	 Choose one of the Arbitration Commissi...
5. LANGUAGE
In China, contracts are usually drawn up either in English or in a dual
English-Chinese version. It is not com...
6. MODEL CONTRACT (ENGLISH-CHINESE)
In order to obtain the Confidentiality Contract for China,
in bilingual version (Engli...
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Confidentiality Contract China in English-Chinese 保密协议

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保密协议 Model of CHINA CONFIDENTIALITY CONTRACT in English and Chinese for safeguarding certain confidential information (especially commercial or technological secrets) which are brought forward in the process of negotiations between Chinese companies.

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Confidentiality Contract China in English-Chinese 保密协议

  1. 1. CHINA CONFIDENTIALITY CONTRACT 保密协议 Main Clauses Applicable Law and Arbitration Model Contract (English-Chinese)
  2. 2. CHINA CONFIDENTIALITY CONTRACT 保密协议 1. Introduction 2. Main clauses 3. Law and Jurisdiction 4. Arbitration 5. Language 6. Model Contract (English-Chinese) www.globalnegotiator.com
  3. 3. The Confidentiality Agreement for China has the purpose of safeguarding certain sensitive information (especially commercial or technological secrets) which are brought forward in the process of negotiations between Chinese companies. It is normally used in negotiations performed prior to making distribution, supply, manufacture, license, franchise, and joint venture agreements, and generally speaking for any agreement which might entail prior supply of confidential information to a Chinese company. The contract is adapted to the uses and commercial practices of the Chinese market and Chinese contract law (People’s Republic of China Contract Law). 1. INTRODUCTION www.globalnegotiator.com
  4. 4. Some of the most important clauses in the China Agency Contract are as follows: 2. MAIN CLAUSES See sample China Confidentiality Contract www.globalnegotiator.com 1. OBJECT OF THE AGREEMENT 协议客体 2. CONFIDENTIAL INFORMATION 保密信息 3. OBLIGATION OF THE PARTIES 双方的义务 4. EXCEPTIONS FROM CONFIDENTIALITY OBLIGATIONS 保密义务的免责条款 5. INTELLECTUAL PROPERTY RIGHTS 知识产权 6. COMING INTO FORCE AND DURATION OF AGREEMENT 协议的生效和有效期 7. DELIVERY OF CONFIDENTIAL INFORMATION 保密信息的交付 8. NOTICES 通知
  5. 5. In accordance with Chinese Laws (PRC Civil Law), the Parties are allowed to choose the law and jurisdiction they wish to apply in contracts with foreign companies. Nevertheless, in commercial practices Chinese companies refuse to sign contracts in which matters of litigation are not referred to the Courts or Arbitration Commissions of China. The questions of which procedure to choose will depend particularly on the power and influence of the Chinese Party and the prestige of the Court proposed by the Chinese company; as a general rule, it will be preferable to choose the alternative of Arbitration rather than the Court. 3. LAW AND JURISDICTION See sample China Confidentiality Contract
  6. 6. In contracts subject to Arbitration in China, it is advisable to act as follows: • Choose one of the Arbitration Commissions with most prestige and international experience: CIETAC (China International and Economic Trade Arbitration Commission) or BAC (Beijing Arbitration Commission). Chinese companies will not oppose at this point. • Regardless of where the central office of the Chinese company is located, it is preferable for the Arbitration to take place in Beijing or Shanghai, the two cities with most experience and the best arbitrators. • The arbitration will be carried out in the English language. It is important to take into account that if no language is specified in the contract, the arbitration will be in Chinese. At this point, Chinese companies would be expected to object strongly, and might even use it as grounds for not signing the contract. 4. ARBITRATION See sample China Confidentiality Contract
  7. 7. 5. LANGUAGE In China, contracts are usually drawn up either in English or in a dual English-Chinese version. It is not common to sign contracts in other languages such as Spanish, French or German. For the version in Chinese, simplified Mandarin Chinese shall be used. It is advisable to use the dual English-Chinese version as this will make it easier to negotiate the contract, and also help compliance with obligations and an amicable settlement in the event of conflict. However, when using the English-Chinese dual version, the Chinese company would try to insist that the Chinese version prevails in the event of conflict. See sample China Confidentiality Contract
  8. 8. 6. MODEL CONTRACT (ENGLISH-CHINESE) In order to obtain the Confidentiality Contract for China, in bilingual version (English and Chinese), click on: Confidentiality Contract China www.globalnegotiator.com

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