Canadian Lawyer

LEGAL REPORT/ADR always a risk that your award won't be enforced when doing business with a foreign company. What we see here is an additional risk with China, and that is something that parties have to take into account before entering into agreements." Leon does not believe the risks are any greater in China than they are in other parts of the world. "Doing business with China is less of a risk now than it was at one time, and it is less of a risk than it is in other countries. On the surface, the Chinese system is as good as anybody's. You have to expect the unexpected. There is this idea in China that just because you sign a contract, it is not the end of the process." Leon admits there are problems but ultimately a lot of awards do get resolved through settlement. "When it comes to enforcement of a foreign award, one of the things that is per- haps even better than our system is the Chinese reporting system. Lower Drafting tips H an arbitration clause in a Chinese- Canadian contract: ere is some advice from Joe McArthur and Barry Leon on drafting or reviewing 1. Don't go overboard. Keep it simple. Don't add a lot of conditions (30 days to settle, mediation, etc.) before the matter can go to arbitration. That just wastes time, especially since the parties can settle while the process gets underway and any time afterwards. 2. Make sure to stipulate English as the language of the proceedings. In the absence of the parties stipulating which language should be used, it can be Chinese, even if both parties speak English. The new amendments allow the China International Economic and Trade Arbitration Commission to determine the language, if required. 3. Stipulate which CIETAC sub-commission you want to oversee your case. Beijing or Shanghai are better than those in the smaller regions, for obvious reasons. "If you Let us open right door for you the What do your clients need? The means to move on. Guaranteed . ™ Baxter Structures customizes personal injury settlements into tax-free annuities that can help your clients be secure for life. Need more information? Contact us at 1 800 387 1686 or baxterstructures.com 48 SEPTEMBER 2012 www.CANADIAN Lawyermag.com ntitled-2 1 12-03-12 3:20 PM uretzky_CL_May_11.indd 1 4/14/11 10:32:23 AM We specialize in Employment and Labour Law in Canada Kuretzky Vassos Henderson is a leading employment and labour law fi rm situated in the heart of Toronto. We are comprised of eleven lawyers, all of whom specialize in the area of employment and labour law. We act for many prominent public and private sector employers as well as for individuals. Kuretzky Vassos Henderson LLP Our work includes extensive experience in the areas of: Wrongful dismissal • Human rights • Labour relations/Labour law/Collective barganing • Workplace health and safety • Sexual harassment • Employment standards • Employment contracts • Canada Labour Code • Class actions • Mediation/arbitration/ADR www.kuretzkyvassos.com • 416.865.0504

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