A poorly drafted dispute resolution clause can make even a strong international contract nearly worthless. Drawing on real cases involving China, Vietnam, Japan, and Switzerland, this article explains when to choose arbitration or litigation, what makes these clauses enforceable, and how businesses can avoid costly mistakes that leave them with no practical way to pursue a claim.
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
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Where should disputes with a Chinese supplier be resolved? The answer depends less on which forum feels most comfortable and more on where the supplier’s assets are, what remedies you may need, and whether a favorable judgment or award can actually be enforced.
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
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
