China Contract Dispute Resolution Clauses: Choose Certainty
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.
Arbitration in China as the New Normal
Chinese companies are increasingly requesting/requiring that their contracts with foreign companies mandate disputes be resolved via arbitration in China.
China Dispute Resolution Clauses
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.
China Factory Disputes
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.
China Sinosure as Existential Threat
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.
How to Sue a Chinese Company
How to Sue a Chinese Company. Choosing between litigating or arbitrating in your home country or litigating or arbitrating in China. This article arms you with the information you need to decide whether and how to sue a Chinese Company and it will help you with your litigation and arbitration strategies if you sue in a Chinese or a foreign court or if you pursue arbitration in China or outside China.
China Contract Jurisdiction and Being Too Clever By Half
How to choose the right jurisdiction for your international contract.
Chinese Courts’ Anti-Suit Injunctions Reveal a Stark New Reality
Chinese courts are using anti-suit injunctions to exert tremendous power over foreign companies.
China LOI and MOU: Don’t Let Them Happen to You
At least once a month, an American or sometimes a British company will come to one of our China attorneys after having spent considerable time negotiating a complex transaction with a Chinese company. They then show us a Letter of Intent (LOI) or a Memorandum of Understanding (MOU) that sets out in great detail the
China Service of Process Under the Hague Convention
Service of Process Companies and Domestic Litigators Should NOT Apply Many years ago, I read an excellent blog post over at the Letters Blogatory blog, Service of Process and the Unauthorized Practice of Law, on how service of process companies frequently mess up to the detriment of their clients. This post also asks whether these