Many moons ago, an American company contacted my law firm wanting to sue its Chinese joint venture partner for having “clearly” violated their joint venture agreement. We looked at their case and advised them that we would not be willing to take on the case because we believed they did not have a good case.
New AD/CVD Petitions: Aluminum Extrusions On October 4, 2023, antidumping (AD) and countervailing duty (CVD) petitions were filed against Aluminum Extrusions from fifteen countries, Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, the People’s Republic of China, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates, and Vietnam. The petitions were filed by
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
How To Avoid Paying a Chinese Manufacturer That no Longer Exists Nearly All China Problems Are Preventable Nearly all problems foreign companies face involving China are neither new nor unpreventable. Put another way, when a foreign company comes to one of our China lawyers with a China legal problem, we almost invariably can find a
Have a China Brand Protection Strategy The essential first step in most China IP strategies is to register your trademarks with China’s Trademark Office. Because China is a first-to-file country, until you register a trademark in China you have no rights in that trademark. But a trademark registration alone will not limit the spread of
The Chinese Manufacturing Times Are a Changin’ For companies buying products from China, doing business used to be straightforward – you placed an order, they shipped the goods. Those days are gone. Chinese manufacturers are struggling, and buyers who understand the new landscape can negotiate deals that were unimaginable just a few years ago. Play
International Manufacturing Contracts Strong country-specific contracts are essential for international manufacturing success. But poorly drafted agreements lead to millions lost annually in production delays, quality issues and intellectual property theft. Our international manufacturing lawyers field these frustrating calls daily. Nearly every day, our firm’s international manufacturing lawyers are approached by companies from the Americas, Europe,
Fighting China IP Infringement: The Power of Cease-and-Desist Letters With IP infringement in China rising amid geopolitical tensions and China’s sinking economy, many companies are scrambling to protect their intellectual property. But legal action can be slow and expensive. Well-crafted cease-and-desist letters can often provide a faster, more affordable recourse. My law firm’s international IP
Ensuring China Factory Delivery Dates Late product deliveries from Chinese factories are incredibly common, but you already knew that. Here’s something you may not know: late deliveries usually stem from bad communication and bad contracts. This post will arm you with what you need to reduce your chances of late product delivery from your Chinese
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,
