Even in the best of times, employee terminations in China are fraught with risk. A mishandled China employee termination (or even just the discussions surrounding the termination) can quickly cause problems. China’s declining economy has weakened its job market and made both employees and the government more likely to fight back against any little termination mistake.
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.
When issues come up, most of our international clients believe filing a lawsuit is the only answer. Unfortunately, the United States litigation process is often complicated and expensive – there will be an exchange of information and documents, the taking of depositions, and probably some motion practice along the way – and most likely, it
When I was starting my career as a lawyer in the early 2000s, alternative dispute resolution (ADR) became very popular. ADR includes mediation and arbitration. During that time in my career, I was working mostly on transactional matters and some of the senior lawyers told me it could be legal malpractice not to at least
This very long post aims to provide an overview of the challenges of manufacturing in China, as well as strategies for minimizing risks and maximizing opportunities. It outlines the administrative and regulatory requirements, process and production challenges, and specific cultural and market-specific risks.
It’s nice to be recognized by your peers. Harris Sliwoski attorneys Hilary Bricken, Jihee Ahn, and Griffen Thorne have been named Super Lawyers Southern California Rising Stars 2022. Ahn and Thorne earned the title for the second time, first having been honored in 2021. Hilary Bricken has been recognized four years in a row, and
China employee problems are increasing. We explain how to prevent such problems from occuring and how to nip them in the bud when they do.
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.
Most people who are (luckily) not familiar with litigation believe alternative dispute resolution (or “ADR”) clauses in their contracts are essentially boilerplate language that’s recycled again and again in every contract. However, well-drafted ADR clauses can not only give you a huge advantage if an issue comes up, they may also cause your counterparty to
Arbitration is often the preferred, if not contractually required, forum for resolving business disputes. This is primarily because of arbitration’s perceived efficiencies in cost and time-to-resolution as compared to litigation in U.S. state or federal courts. Federal law has embraced arbitration through the Federal Arbitration Act (“FAA”), which, as interpreted by the U.S. Supreme Court,
