China CIETAC Arbitration: Different but Fair

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

China corporate litigation

How to Fight Back Against China IP Infringement

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

Hague Service in China-and Taiwan

Serving a Complaint in China and Taiwan Under the Hague Convention

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

Dueling Translations

Dueling Translations

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

International Manufacturing Term Sheets

What to Do When You Get Bad Product from China

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

International arbitration

China Litigation Basics

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 foreigner arrest risk

How Not to Get Kidnapped in China

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

Avoiding Bad Quality China Products

Bad Quality China Products Beyond Your Worst Nightmare

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

International dispute resolution

Owe Money to a Chinese Company? No Need to Pay

If one of our clients owes money to a Chinese company and it cannot pay all its creditors, our international dispute resolution lawyers recommend they pay the Chinese company last because the Chinese company will likely never sue to recover. I am NOT advocating not paying debts to Chinese creditors, but I am saying that