Don't sign an English contract casually. What should you pay attention to when signing an English contract?
As English is the common language in the world today, foreign businessmen tend to sign contracts in English or other foreign languages or contracts in both Chinese and English versions. When signing or reviewing contracts, China import and export enterprises will review both Chinese and English versions, and the Chinese-English translation is completely consistent, so there will be no ambiguity. In addition, for safety reasons, foreign trade enterprises make it clear that the terms of contracts are subject to the Chinese version when signing trade contracts, and it is recommended that the foreign version be used as a reference. In order to avoid disputes caused by different understanding of the contract, Chinese enterprises must carefully check the foreign language version, contact foreign countries in time, and implement the accurate connotation of relevant clauses.
Problems that should be paid attention to when the other company is an offshore company. In quite a few international trade contracts, the other company is an offshore company registered in the British Virgin Islands, Cayman and Bermuda. Offshore companies have the advantages of quick establishment, convenient registration and simple and flexible management. Therefore, a considerable number of domestic enterprises overseas have set up offshore companies, and signed import and export contracts with domestic enterprises through offshore companies to reduce the cost of remittance. However, the offshore company is an independent legal person in law, but it does not have the assets and the ability to actually assume responsibility. Once a dispute occurs, the observant party cannot claim responsibility from the offshore company, which eventually leads to many losses. Therefore, when a foreign trade enterprise signs a contract, if it finds out that the other party is an offshore company, it must conduct a detailed and all-round investigation, especially its background information, business situation, past performance ability, commercial credit, etc., so as to ensure that it can fulfill its obligations according to the contract, and if necessary, it must also carry out the "speech game" trap such as punitive compensation measures for workers who have unreasonable working years and strict labor discipline in the trap of the offshore foreign-funded enterprise. Foreign enterprises generally sign Chinese-English contracts, which are executed according to English contracts. Therefore, due to differences in translation and culture, it is easy to generate ambiguity, and disputes are generally unfavorable to workers in handling. In addition, once a foreign language contract is signed, it has legal effect and is the only basis, so it is difficult for ordinary workers to cite other strong evidence that can overturn the contract, and it is easy to suffer losses. According to how to avoid this "invisible trap", some foreign-funded enterprises, especially the offices of multinational companies in China, often have no employment rights, and usually do not sign contracts with employees directly, but recruit people through foreign service companies without being bound by labor laws.