International Litigation As the number of global transactions continues to grow, the international litigators at my law firm have seen a rise in inquiries relating to litigation between domestic and international parties, from both companies and from domestic litigators When a dispute involves a foreign party, a host of special considerations come into play –
Small Debts Owed by China Manufacturers For over a decade, our China dispute lawyers have consistently received inquiries from companies that have paid between $3000 and $100,000 for product from a Chinese manufacturer and received either nothing in return or product that clearly is not up to snuff. These days, we are getting one or
Are Contracts Really Enforceable in China? As lawyers, we spend a lot of time fielding good, bad, weird, interesting, deep, superficial, and all types of other questions from people. We’re generally expected to be oracle-level wizards, a lot like people are treating AI now. In this series, we’ll share some of these questions that people
The Critical Role of Dispute Resolution Clauses Last week, I published an in-depth post on international dispute resolution clauses. See A Guide to Dispute Resolution Clauses in International Contracts. The unexpected volume of emails I received from that wonky post — more than I’ve gotten to a post in months — highlights both how critical
Dispute Resolution Provisions Imagine losing millions of dollars because your contract did not properly specify how to handle a dispute. One of the most crucial, yet often overlooked, aspects of international contract drafting is dispute resolution. This is not a mere formality; it is essential for protecting your business interests. It is important to use
Enforcing U.S. Judgments in China This post delves into recent developments that have transformed enforcing US monetary judgments in China. From Ambiguity to Reciprocity: A Turning Point Before 2018, enforcing US judgments in China relied heavily on the principle of reciprocity enshrined within Chinese domestic law. The problem? Reciprocity lacked a clear definition, leading to
On February 14, 2024, antidumping (AD) and countervailing duty (CVD) petitions were filed against imports of Melamine from Germany, India, Japan, the Netherlands, Qatar, and Trinidad and Tobago. The petitions were filed on behalf of Cornerstone Chemical Company. Melamine is used to produce surface coatings and laminates that are used in products like kitchen and
The Pig-Butchering Scam, also known as Sha Zhu Pan (杀猪盘), Crypto Romance Scam, CryptoRom, or Hybrid Investment Romance Scam, is a deceptive and harmful scheme that preys on individuals on dating apps and social media. Scammers patiently build trust with their targets over weeks or even months, luring them into fake investment opportunities in cryptocurrency,
Collecting Judgments Against China: Navigating Bilateral Treaties, US Judgments, and International Conventions In today’s globalized economy, businesses frequently find themselves in transactions spanning multiple countries, with inherent risks of international disputes. When disputes arise with Chinese entities, understanding the process of enforcing and collecting judgments against Chinese companies becomes crucial. China’s unique legal landscape, coupled
China Arbitration This post offers hands-on advice for crafting arbitration clauses in contracts with Chinese entities Chinese firms, particularly State-Owned Enterprises (SOEs) where the government holds substantial control, typically resist signing contracts unless they provide for disputes to be resolved within China. Depending on the circumstances, seeking resolution in a Chinese court might be favorable,
