China has adopted a plan to establish a cyberspace court in Hangzhou lately. The plan is for this court to accept filings electronically, try cases via livestream and hear only e-commerce and Internet related cases. Why Hangzhou? As a general rule of Chinese civil procedure law, lawsuits must be brought in the place of the defendant’s
Pretty much every month, one of my law firm’s international lawyers gets an email or a phone call from someone (often a fellow lawyer) seeking assistance with making a China related document legal for some sort of use somewhere in the world. Maybe 40 percent of the time, the request relates to a need to
A German lawyer for a German company owed money — lots of money — wrote me last week to discuss retaining my law firm to help it collect on its debt by seizing U..S and Canada real property believed to be held by its Chinese citizen debtor. This lawyer was coming to me because he
The Wall Street Journal wrote how China is increasingly becoming the venue of choice for foreign company patent litigation. That's right. China.
Every employer in China should have its own set of Rules and Regulations because without one you will have an extremely tough time terminating a China employee. Many companies doing business in China have learned the hard way that terminating a China employee is not easy. Recognizing this many foreign employers in China now have
Every year U.S. producers file 10-15 petitions asking the U.S. government to investigate whether certain products imported into the US are sold at unfair prices (antidumping or AD) or are unfairly subsidized (countervailing duty or CVD). Odds are good that at least two new AD/CVD petitions will be filed by Halloween and as many as
With Amazon and Ebay having increased their efforts at bringing in Chinese sellers and with more and more Chinese manufacturers branching out and making their own products, the number of companies contacting our international intellectual property lawyers about problems with counterfeit products and knockoffs has soared. If the problem involves infringing products being imported into
We write about this particular scam every six months or so because it just keeps happening, and in ever greater numbers. The Wall Street Journal did a story on it today, entitled, New Techniques Used to Target Business Email and in the last month alone, our China lawyers have received emails from at least three companies
At least once a month, one of our international litigation lawyers will get a call or an email from a U.S. lawyer seeking our help in taking a U.S. judgment (usually a default judgment) to China to enforce. The thinking of the U.S. lawyer is that all we need do is go to a China
Every year, an increasing number of Chinese companies — especially Chinese State Owned Entities (SOEs) and other government companies — require their contracts with foreign companies require disputes be resolved via arbitration in China. In these situations, we are seeing mostly CIETAC arbitration clauses. Many of our clients “freak out” about the idea of having
