在诉讼或仲裁前与中国公司达成和解：祝您好运
中国公司对诉讼和仲裁的看法往往与西方公司不同。西方公司一般认为诉讼是昂贵的、有风险的、耗时的、令人不快的，他们努力避免诉讼。中国公司往往不愿意进行善意的和解谈判，因为他们担心对方会认为这是在承认他们的立场。
China Contracts with Hong Kong Jurisdiction: No, No, No
Hong Kong courts are world class and most companies would rather have their disputes against their Mainland China counter-parties resolved in Hong Kong instead of in Wuxi or Harbin. Hong Kong as jurisdiction of choice is alluring. But for all sorts of reasons, it’s a trap. Let me explain. In 2008, China and Hong Kong
China Establishes a Cyber-Court
China has adopted a plan to establish a cyberspace court in Hangzhou. 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? Under Chinese civil procedure law, lawsuits must be brought in the place of the defendant’s domicile. For companies, domicile
China Notarizations, Legalizations, Consularizations, Apostilles, and Powers of Attorney
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
Suing Chinese Companies and Citizens in the United States and Canada
A German lawyer, representing a German company owed lots of money by a Chinese citizen, wrote me last week to discuss retaining my law firm to help the company collect on its debt by seizing U.S and Canada real property held by the Chinese citizen. This lawyer was coming to me because he had liked
China Litigation for Foreign Companies: It’s a Good Thing
The Wall Street Journal wrote how China is increasingly becoming the venue of choice for foreign company patent litigation. That's right. China.
China Employee Discipline: Your Rules and Regulations are Just a Starting Point
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 China employees is difficult. Recognizing this, many foreign employers in China now have a Rules
U.S. Imports: Know Your Risks
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
Using Section 337 Cases to Block Counterfeit Products from Entering the United States
With Amazon and Ebay having increased their efforts at bringing in Chinese sellers and with 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 the United States,
Enforcing US Judgments in China
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 to do is go to a