China Litigation for Foreign Companies: It’s a Good Thing
The Wall Street Journal wrote how China is increasingly becoming the venue of choice for foreign company patent litigation. That's right. China.
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,
Enforcing US Judgments in China
At least once a month, one of our international litigation lawyers will get a call or an email from a U.S. lawyer seeking our help in taking a U.S. judgment (usually a default judgment) to China to enforce. The thinking of the U.S. lawyer is that all we need to do is go to a
Chinese Arbitration: A Guide for Foreign Companies
China Arbitration Clauses Chinese companies frequently require contract disputes be resolved through arbitration, often designating CIETAC in China as the arbitral institution. Many foreign companies are apprehensive about the fairness of arbitration in China. However, it’s important to understand Chinese arbitrators weigh both legal correctness and ethical equities when making decisions. This post discusses why
Serving a Complaint in China and Taiwan Under the Hague Convention
One of the many things that makes suing Chinese companies and individuals difficult is the requirement that service be done according to the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, to which China is a party. Service of an entity or person in China under the Hague
China Litigation Basics
In Evidence Collection and Alternatives to “Discovery” in P.R.C. Litigation, China Law Insight discusses the lack of pretrial discovery in China court cases and why American companies and lawyers tend to be so ill-prepared for this. To grossly summarize and oversimplify the article, foreign (especially American) companies need to know the following three things about
Owe Money to a Chinese Company? No Need to Pay
If one of our clients owes money to a Chinese company and it cannot pay all its creditors, our international dispute resolution lawyers recommend they pay the Chinese company last because the Chinese company will likely never sue to recover. I am NOT advocating not paying debts to Chinese creditors, but I am saying that
Taking Depositions in China: The Hazards and the Possibilities
Depositions in China You are a litigator preparing a case in the United States. Your case is in the discovery phase and you want to depose a key witness located in Mainland. This witness is either unable or unwilling to come to the United States, and so their deposition must be taken in China. How