Just received a long email from a lawyer friend of mine at a well known international law firm, in response to our post the other day on Myths About China Law And Business. This lawyer wishes to remain anonymous, but here is what he had to say: Your post on China legal myths is great…. Continue Reading
Tag Archives: chinese courts
China Joint Ventures. Watching The Sausage Get Made.
Posted in Legal NewsNot sure why (the still bad economy?) but my law firm has been getting a rash of China joint venture deals and possible deals over the last six months or so. Many of these have involved a United States company that wants to enter into a Joint Venture with its China manufacturer so as to… Continue Reading
China Litigation And Case Acceptance
Posted in Legal NewsThough my law firm has been involved in a number of China litigation matters, I was not familiar with how it is that Chinese courts decide what cases to accept. I know a lot more now, after reading the Chinese Law Prof Blog’s post, “Case acceptance in Chinese courts.” First off, let me say that… Continue Reading
China Contracts. Why Even Bother?
Posted in Basics of China Business Law, Legal NewsI am often asked usually right after I quote our fee) whether a China contract I am proposing to write “is even enforceable in China.” I always give the same answer, which is more or less the following. There are three reasons why it makes sense to have a contract with your Chinese counter-party, and… Continue Reading
Avoiding And Winning China Disputes. June 16, 2011, Shanghai.
Posted in China Business, Events, Legal NewsA bit late on this I know, but I will be speaking today (it is not yet even 6 am here) at The Offshore Investment Conference Shanghai 2011. My topic (a bit different than noted on the program) will be “Avoiding and Winning China Disputes. I will be speaking at 4:30 pm and then I… Continue Reading
China’s Courts. “Utterly Worthless” Is Probably An Overstatement.
Posted in Legal NewsIn the early years of this blog, when discussing China’s court system, I would make it a point to emphasize that I was limiting my comments to how the courts handle business law matters. I did this for two reasons. One, my sense is that the quality of court handling of business cases is very… Continue Reading
How To Choose Your China Attorney. Quality, Quality, Quality.
Posted in UncategorizedCo-blogger Steve Dickinson and I recently wrapped up a China law suit. I would love to be able to provide full details, but I need to give some distance to the case before I can do that. The Chinese law firm with which we worked did an absolutely fabulous job and it deserves massive credit…. Continue Reading
China’s Petitioning System. A Veritable Appellate Court For Foreigners?
Posted in Legal NewsI am in a terrific China Law ListServ (yes those things do still exist), graciously run by Professor Donald Clarke of the Chinese Law Prof Blog. There are some seriously smart and knowledgeable people on the ListServe and much of the discussion is more geared toward China law academics than practitioners. I typically skim every… Continue Reading
China’s Courts Are Fair
Posted in Legal NewsWell not always, but more often than credited. In a recent post on the Citizen Yang Blog, entitled “Local Governments Lose 30-50% of Administrative Lawsuits,” Vermont Law School Professor Tseming Yang notes that “local governments lose an astonishing 30-50% of law suits in China.” Most of these cases “involve land seizures, housing relocations, social security… Continue Reading
Enforcing Foreign Judgments In China — Let’s Sue Twice
Posted in Legal NewsIn “Mainland – Macao agreement on recognition and enforcement of judgment,” the Chinese Law Prof Blog discusses the “Arrangement Between the Mainland and the Macao Special Administrative Region on the Mutual Recognition and Enforcement of Civil and Commercial Judgments” set to go into effect on April 1, 2006. Under this agreement, there will be very… Continue Reading
China Cracks Down On IPR Violators — The Numbers Prove It
Posted in Legal NewsI am frequently posting on how China IPR protection (though far from perfect) is both not as bad as widely believed and is rapidly and substantially improving. An Article in Today’s People’s Daily, IPR cases handled by Chinese courts on rise in 2005, empirically confirms the improvement. The article states that in 2005, 5,336 people… Continue Reading
China’s Expanding Courts — Enforcing The Law As Though It Matters
Posted in Legal NewsChina Digital Times (always an excellent source for China news) recently blogged [link no longer exists] on a Harvard Law Journal article by Columbia University Law Professor and Director of the Center for Chinese Legal Studies, Benjamin L. Liebman. Though I remain mindful of our focus on the business aspects of China law, as opposed… Continue Reading
Another Foreign IP Victory In China — Ferrero Rocher
Posted in Legal NewsThe Tianjin High Court ruled last week in favor of Italian Chocolatier, Ferrero Rocher, in a case against a Zhangjiagang Food company involving copycat chocolates. The court ordered the local company to immediately stop producing the copycat chocolates and to pay $87,000 in damages. This actually prompted the Voice of America to remark that “[s]everal… Continue Reading
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