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
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,
U.S. Notarizations in China Every so often, one of our lawyers in the United States or in China gets contacted by an expat asking about obtaining a U.S. notarization. We provide this service to our clients in the United States for free but flying all the way to the United States just for a notarization usually
Introduction Imagine a child's toy, gleaming with bright colors and designed for endless hours of fun. A toy which turned out to hold a lurking danger due to poor manufacturing processes. A month after hitting the shelves, there's a widespread outcry. Parents are furious, the media is ablaze with criticism, and the company responsible faces
If your company buys products from China, you’ve probably heard of Sinosure, but you probably do not know much about it. This Chinese state-owned export credit insurance company actively pursues overseas companies for alleged unpaid debts on behalf of Chinese manufacturers. In this post, we’ll explain what Sinosure is, how its approach has changed recently,
In August, 2019 -- in Hong Kong for International Business: Stick a Fork in It, I wrote how Hong Kong’s days as Asia’s leading international business hub were over and I made the following predictions: Companies that were deciding between Hong Kong or Singapore for their Asian headquarters would choose somewhere other than Hong Kong. Growing companies
Pursuing an individual or business in China is notoriously difficult for several reasons. One of them is that at the outset of any lawsuit, a complaint needs to be filed and served – meaning, it must be demonstrated to the Court that the complaint was provided to the named defendant(s) in a satisfactory manner. The
