Litigating Against Foreign Defendants – The Battle for Home Court
When a dispute involves a foreign party, a host of special considerations come into play – one of which is, where will this be litigated?
International Litigation: The Questions to Ask
A basic list of questions companies should be asking when seeking to decide whether to sue in a foreign country and the lawyers to use when doing so.
China Contract Dispute Resolution Clauses: Choose Certainty
My law firm usually drafts contracts with China that provide for them to be governed by Chinese law and resolved in China in Chinese. There are many reasons for this.
Arbitration in China as the New Normal
Chinese companies are increasingly requesting/requiring that their contracts with foreign companies mandate disputes be resolved via arbitration in China.
Choosing Your China Contract Jurisidiction
A new client recently sent our international manufacturing team a contract with one of their China suppliers. They wanted us to review that contract (which had been drafted by a Chinese lawyer based in Shenzhen). Our client had heard about how Chinese lawyers sometimes work in cahoots with the Chinese company on the other side
China Dispute Resolution Clauses
There is no one size fits all solution for China dispute resolution clauses because they depend on so many factors, including, the location of the Chinese company within China, the nature of the transaction, the goals of the parties, the most likely dispute issues, the most important dispute issues, the type of dispute issues, the languages of the documents and potential witnesses, the law of the contract, and a whole host of other issues.
China Factory Disputes
How to handle China factory disputes is a question our international manufacturing lawyers have been getting a lot of lately. Many China factories are in deep trouble due to declining sales stemming from the US-China Cold War, from its energy issues, and from its declining economy. I say this not just because of the economic statistics everyone sees, but also on the steady stream of emails our international manufacturing lawyers are getting from foreign companies reporting the usual range of problems whenever China's factories are suffering. See China's Slowdown and You.
China Sinosure as Existential Threat
In this post, we explain what Sinosure is, how Sinosure works, what causes Sinosure to put foreign companies in its crosshairs, why Sinosure is so dangerous, and, how to fight back and win against it.
China Employer Rules and Regulations: Now is the Time
The best time for implementing a set of China employer rules and regulations is when your China entity is being formed and you start recruiting employees. This allows you to have your first group of hires sign off on your employer rules and regulations and ensures you are fully covered. Our China employment attorneys recommend a yearly audit of every China company's employment documents (including their rules and regulations) to ensure they are up to date with all legal and company and employee changes.
How to Sue a Chinese Company
How to Sue a Chinese Company. Choosing between litigating or arbitrating in your home country or litigating or arbitrating in China. This article arms you with the information you need to decide whether and how to sue a Chinese Company and it will help you with your litigation and arbitration strategies if you sue in a Chinese or a foreign court or if you pursue arbitration in China or outside China.