When it comes to enforcing US court judgments in China, the law has been clear and remains clear. China won’t do it. Not now. Not later. Probably not ever. For more on this, check out the following. Case closed. But what about taking a Chinese court judgment and getting that enforced outside of China? The
My law firm’s international intellectual property lawyers are always helping companies that need help dealing with IP infringement in China. As a first step, we analyze the situation and propose a course of action. The following is an amalgamation of memoranda, done to convey both what goes on out there and how to deal with
Photo by Dunk For more than a year, the China International Economic and Trade Arbitration Commission (CIETAC), China’s dominant arbitral institution since its founding in 1956, has been fighting a noisy and public civil war. The resulting chaos shows no signs of ending, and any company considering arbitration in China and any company that has
One of the many things that makes suing Chinese companies and individuals difficult is the requirement that service be done according to the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, to which China is a party. Service of an entity or person in China under the Hague
Blog post at Letters Blogatory, entitled, Dueling Translations, expresses surprise/concern over how both parties in an ultra-high stakes international litigation matter “actually submitted dueling certified translations of the Ecuadoran appellate court’s decision. The post sees this as a waste of time and money: Really? Dueling translations? I know Randy Mastro and James Tyrrell are top
Our international dispute resolution lawyers must get some form of the following at least twice a week: I just received a shipment of bad product from China and my manufacturer is ignoring my refund requests. What should I do? Do I have a case? Our attorneys usually answer by saying it depends and then asking
In Evidence Collection and Alternatives to “Discovery” in P.R.C. Litigation, China Law Insight discusses the lack of pretrial discovery in China court cases and why American companies and lawyers tend to be so ill-prepared for this. To grossly summarize and oversimplify the article, foreign (especially American) companies need to know the following three things about
China is dangerous for foreigners whose companies might owe money to a person or company in China. A few weeks ago, a reader e-mailed one of my law firm’s international lawyers with an article regarding China’s recent jailing of California businessperson Brian Horowitz over a debt allegedly owed to a Chinese company. According to yesterday’s
How to Collect on a U.S. Judgment Against a Chinese Company. It's difficult but it certainly is not impossible.
One of the things our international manufacturing lawyers always tell our clients that source product from China is to be specific. We talk about how China has levels of quality five levels below anything most would even think possible and for Chinese manufacturers, those levels are normal. We mention how you can buy shirts (unbelievably
