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CIETAC Arbitration: Different But Fair

Posted in Basics of China Business Law, Legal News

Every year, an increasing number of Chinese companies require that their contracts with American companies provide for disputes to be resolved via arbitration in China. In these situations, we are seeing mostly CIETAC arbitration clauses Many of our clients “freak out” about the idea of having to arbitrate in China, with their concerns usually focusing… Continue Reading

Maybe Owe Money To China? Don’t Go There.

Posted in China Business, Legal News

Back in 2011, Richard Wagner, a Chicago-based Baker & McKenzie international arbitration and litigation lawyer, wrote an article entitled, Permission denied: The curious case of exit restrictions in Chinese commercial litigation. The article explains why personnel of foreign companies involved in Chinese litigation are often denied permission to leave China. Most importantly, that article details… Continue Reading

China Employment Contracts: Why Ours Are In Chinese

Posted in Basics of China Business Law, Legal News

Our China lawyers sometimes get “simple” questions from our WFOE clients regarding China’s labor law. One such question is whether they must use Chinese as the prevailing language for their labor contracts with their employees, especially with their expat employees. This question is not as simple as it may first appear. First off, there is… Continue Reading

Starting A China Company: Seven Basic Issues

Posted in Basics of China Business Law, China Business, Legal News

Though China’s economy is slowing, our work in helping foreign companies start a business in China is soaring. Though this might sound counterintuitive, it actually makes complete sense. It makes complete sense because whenever China’s economy slows, China’s government steps up its crackdown on businesses operating in China without an entity and, in turn, foreign… Continue Reading

China Manufacturing: How To Hang On To YOUR Molds

Posted in Basics of China Business Law, Legal News

Every couple of months, someone calls or emails one of our China lawyers for help in “getting their molds” back from their Chinese manufacturer. Whenever a foreign company terminates its Chinese manufacturer, it is at great risk of having the Chinese manufacturer keep the foreign company’s molds. The Chinese manufacturer typically holds on to the… Continue Reading

China Trademark Registrations: The Latest News From The Front

Posted in Basics of China Business Law, Legal News

One of our China lawyers sent an email to a client yesterday, updating the client on the status of its trademark filings. I am republishing that email below because it succinctly sets out the current timelines for the various stages of trademark filings in China: Good to hear from you. We submitted the trademark applications… Continue Reading

How To Sue Chinese Companies, Part 3

Posted in Legal News

This series of posts is on how to pursue litigation or arbitration against a Chinese company that owes you money or has wronged you. Part 1 dealth with jurisdiction and on Hague Convention service of process. Part 2 was on conducting discovery against a Chinese company. This post is on litigation strategies against Chinese companies and enforcing judgments against… Continue Reading

China Product Manufacturing: You Want Quality With That?

Posted in China Business, Legal News

In Why you Need a Backup Factory for your China Production, Renaud Anjoran notes how a Chinese factory’s “communication and development skills DO NOT correlate with good manufacturing skills” and how so many “bad product” situations involve the following: The buyer does no inspection in the factory before shipment. The factory sends a few well-chosen samples taken out of… Continue Reading

China Law Listservs, Blogs And Websites: The Harvard Law Library List

Posted in Legal News, Recommended Reading

Harvard Law School Librarian Carli Spina has compiled a research guide that “provides an overview of some of the best resources for Chinese legal research in both Chinese and English.” In turn, that guide provides the following list of China law listserves, blogs and websites “covering a variety of subjects and fields of Chinese legal study”:… Continue Reading

How to Sue Chinese Companies, Part 2

Posted in Legal News

This series of posts is on how to pursue litigation or arbitration against a Chinese company that owes you money or has wronged you. Part I was on jurisdiction and on Hague Convention service of process. This post is on conducting discovery against a Chinese company. Once you serve a Chinese company in a U.S. lawsuit, it will be bound… Continue Reading

China Counterfeiting: What’s Your Action Plan?

Posted in Legal News

Intellectual Property Magazine recently published an article by our lead intellectual property lawyer, Greg Buhyoff. The article is entitled, Action Plan for Asia, and it is described as follows: “Harris Moure’s Gregory F Buhyoff provides pointers on how to implement anti-counterfeiting and misappropriation investigations in China and Vietnam.” Greg practiced law in Vietnam for around… Continue Reading