Chinese company due diligence Seal or Chop

China Company Chops: The Basics

It is nearly always a good idea to have your Chinese counter-party “chop” or “seal” your China contracts with their official China company chop. There are many types of company chops. Which one should be used? How do you know if the company chop is real? What does a real China company chop look like?

China litigation

Settlement With Chinese Companies Before Litigation or Arbitration: Good Luck with That

Chinese companies tend to view litigation and arbitration differently from Western companies. Western companies generally view litigation as expensive, risky, time-consuming, and unpleasant and they strive to avoid it. Chinese companies tend to be reluctant to engage in good faith settlement negotiations for fear the opposing side will see that as conceding that their position


China Contracts with Hong Kong Jurisdiction: No, No, No

Hong Kong courts are world class and most companies would rather have their disputes against their Mainland China counter-parties resolved in Hong Kong instead of in Wuxi or Harbin. Hong Kong as jurisdiction of choice is alluring. But for all sorts of reasons, it’s a trap. Let me explain. In 2008, China and Hong Kong

CHina Cyber Law

China Establishes a Cyber-Court

China has adopted a plan to establish a cyberspace court in Hangzhou. The plan is for this court to accept filings electronically, try cases via livestream and hear only e-commerce and Internet related cases. Why Hangzhou? Under Chinese civil procedure law, lawsuits must be brought in the place of the defendant’s domicile. For companies, domicile

International litigation and debt collection

Suing Chinese Companies and Citizens in the United States and Canada

A German lawyer, representing a German company owed lots of money by a Chinese citizen, wrote me last week to discuss retaining my law firm to help the company collect on its debt by seizing U.S and Canada real property held by the Chinese citizen. This lawyer was coming to me because he had liked

jeremy wariner

China Employee Discipline: Your Rules and Regulations are Just a Starting Point

Every employer in China should have its own set of Rules and Regulations because without one you will have an extremely tough time terminating a China employee. Many companies doing business in China have learned the hard way that terminating China employees is difficult. Recognizing this, many foreign employers in China now have a Rules

Bad China WFOE

U.S. Imports: Know Your Risks

Every year U.S. producers file 10-15 petitions asking the U.S. government to investigate whether certain products imported into the US are sold at unfair prices (antidumping or AD) or are unfairly subsidized (countervailing duty or CVD). Odds are good that at least two new AD/CVD petitions will be filed by Halloween and as many as

China lawyers for counterfeits

Using Section 337 Cases to Block Counterfeit Products from Entering the United States

With Amazon and Ebay having increased their efforts at bringing in Chinese sellers and with Chinese manufacturers branching out and making their own products, the number of companies contacting our international intellectual property lawyers about problems with counterfeit products and knockoffs has soared. If the problem involves infringing products being imported into the United States,