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Tag Archives: chinese courts

How To Write A China Contract. Liquidated Damages.

Posted in Legal News

Many months ago, I was in on an email exchange between a couple of our China lawyers regarding a liquidated damages provision in a product development agreement where our client was paying a Chinese manufacturer a lot of money to develop a new product that could be taken into production. Our biggest concern with the… Continue Reading

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

How To Write A China Contract. Arbitration Versus Litigation. Say Where?

Posted in Legal News

If you are not a member of our China Law Blog Group on Linkedin, you should be. Put simply, we have great discussions on China law and China business among our 7600+ members and there is never any spam. I guarantee it. One of our latest and greatest discussions is on a topic near and… Continue Reading

China IP Rights. The Lackey View.

Posted in Legal News

Last year, while back at my law school on a speaking engagement, a Chinese law student made the comment that I am always negative on China.  I felt really bad about that and insisted that I am neutral and just calls ‘em as I see ‘em.  Since then, however, whenever I am quoted defending China’s… Continue Reading

Chart On Enforcing Judgments Around The World, Including China

Posted in Legal News, Recommended Reading

When it comes to enforcing US court judgments in China, the law has been clear and remains clear.  China won’t do it.  Not now.  Not later.  Maybe not ever. We are always writing on how because Chinese courts will not enforce US court judgments it is usually pointless to pursue litigation against a Chinese company… Continue Reading

China Joint Ventures. Watching The Sausage Get Made.

Posted in Legal News

Not 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 News

Though 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 News

I 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 News

A 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 News

In 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 Uncategorized

Co-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 News

I 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 New Property Law, Part IV — Real Property Use Rights

Posted in Legal News

This is the last in our series of posts on China’s New Property Law.  This post deals with real property use rights in China.  For our previous posts on China’s New Property Law, click here, here, and here. IV.  Part 3: Use Rights Since the state and collectives own all land, a major issue under… Continue Reading

China Litigation From The Inside

Posted in Legal News

At any given time, my firm’s China lawyers are involved in a number of litigation matters in Chinese courts and a couple of them have recently been coming to the fore. In most of these cases, we are representing American companies owed between $1 and $10 million by Chinese companies who owe this money either… Continue Reading

China Law Evolving — Businesses Take Note, Part IV

Posted in Legal News

China’s globalization is influencing its laws and its law enforcement. What this means for foreign companies doing business in China (and hence the title of this series) is that China’s laws and law enforcement are evolving towards the West. In previous posts in this series (here, here, and here), we talked about  Chinese courts issuing… Continue Reading

China Law Evolving — Businesses Take Note, Part II

Posted in Legal News

The China Daily did a story entitled, “Sophomore wins lawsuit against university,” seemingly touting a Chinese court decision reinstating a student expelled from university for cheating. I see this decision as further evidencing China’s increasing litigiousness and its slowly expanding range of permissible court claims. The article is about a Shenyang Agriculture University student, Han… Continue Reading

China’s Courts Are Fair

Posted in Legal News

Well 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 News

In “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 News

I 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 News

China 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 News

The 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