One can argue all one wants regarding the risks of Hong Kong arbitration, but the mere fact that a lot more lawyers now view Hong Kong as a riskier arbitration venue than Singapore, New York, Geneva, Paris, and London, ought to be reason enough NOT to draft your contracts with a Hong Kong arbitration provision.
This post describes how to properly effect service of process on a Chinese company or individual under the Hague Convention.
About six months ago, in Deliberately Bringing China Down, Factory by Factory, I wrote about a couple of Americans who were buying product on credit from Chinese factories, with no intention of ever making the required second payment: The “this” to which I am referring is an underground (I say underground because I have never
When a dispute involves a foreign party, a host of special considerations come into play – one of which is, where will this be litigated?
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.
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.
Chinese companies are increasingly requesting/requiring that their contracts with foreign companies mandate disputes be resolved via arbitration in China.
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.
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.
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.
