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Tag Archives: Chinese court

China Contracts: The Dispute Resolution Clause.

Posted in Legal News

Whenever I am asked to review a contract between a US company and a China company, I nearly always go straight to the dispute resolution clause. Much of the time when I am asked to review such a contract, it is by someone who did not use our law firm to draft the contract and… Continue Reading

China Contracts And Choice Of Law. Dance With The One That Brung Ya.

Posted in Basics of China Business Law, Legal News

Yesterday, at lunch, a couple of lawyers and I were discussing choice of law provisions.  I know that makes us geeks, but what can I say?  The discussion started when I talked of how I had been receiving an increasing number of “draft contracts” that called for applying “China and US law” to any dispute…. Continue Reading

A Legal Checklist For Doing Business In China

Posted in Basics of China Business Law, Legal News

Clients, potential clients and/or the press are always asking our China lawyers what foreign companies doing business in China need to know to stay out of legal trouble. Since a client recently asked me to speak at his company about the legal issues of which it should be aware, I formulated the below checklist. This… Continue Reading

Litigating in China

Posted in Legal News

The China Daily recently did an article, entitled, “Business lawsuits in sharp increase,” on how lawsuits involving foreign companies are up ten percent in the last year.  The article ascribes this increase in litigation to more foreign companies coming into China and to the economic downturn. Both of those things may be true but I… Continue Reading

How To Write A China (CIETAC/BAC) Arbitration Clause

Posted in Legal News

Chinese companies are more and more often requiring a China venue dispute resolution clause. In other words, they are refusing to sign contracts unless they provide for disputes to be resolved in China. In some cases, you will be better off in a Chinese court and in other cases you will be better off arbitrating… Continue Reading

Taking On Patent Infringement In China

Posted in Internet, Legal News

Yesterday, I did a post, entitled, “Taking On China Patent Infringement At Home,” extolling the success of a U.S. company that sued a Chinese company in U.S. Federal Court for patent infringement. Today, I came across a good article on law.com on a U.S. company, 3M, that successfully sued a Chinese company in Chinese court for… Continue Reading

Chinese Court Says “No” To Government — Applause Not Warranted

Posted in Legal News

The Chinese Law and Society Blog just did an interesting post, entitled Court said no to government [link no longer exists]. The post describes how a Ningbo Intermediate court overturned a lower court to hold that a local government acted illegally in “forcefully demolishing a resident’s house.” The post concludes by calling for “Thunderous Applause!” Thunderous… Continue Reading

Summer Cleaning Of China Courts

Posted in Legal News

In an article entitled, “China moves against local meddling in court cases,” The Peoples’ Daily reports that the Chinese government is increasing its efforts to prevent local party interference with Chinese courts.  A notice jointly issued by the Central Commission for Discipline Inspection of Communist Party of China, the Supreme People’s Court, and the Ministry… Continue Reading