It is widely believed by American lawyers that their clients should do whatever they can to avoid finding themselves in a Chinese court. This widespread belief is usually wrong. It is usually wrong because most of the time it is the American company that will want to sue the Chinese company, not vice-versa. That being… Continue Reading
Tag Archives: Chinese lawyers
China’s Views On Investment. Part II. Joint Ventures.
Posted in China BusinessBy: Steve Dickinson This post is Part Two in our two part series on how Chinese companies typically view investments and how this view impacts Western companies that invest in Chinese companies, and even how this can impact all companies doing business in China. As I explained in Part One of this series, Chinese companies simply do… Continue Reading
Judicial Reform In China And Its Impact On Foreign Investment. Part Two, The Criminal Side.
Posted in Legal NewsBy Steve Dickinson This is part two of a series on a White Paper on Judicial Reform in China just published by the PRC State Council Information Office. The purpose of the White Paper is to provide a snapshot view of the progress of legal reform in China over the past ten years. This White Paper provides insight into… Continue Reading
How To Handle Chinese Negotiating Tactics. Part Four Of Three.
Posted in China BusinessThis is part four of our three part series on how to negotiate with Chinese companies. Yes, you read it right. Part four of three. How To Handle Chinese Negotiating Tactics, part one is here, part two is here, and part three is here. We originally planned a three part series, but when a reader… Continue Reading
China Due Diligence. Review The Chinese Company Seal Cause It Matters.
Posted in China Business, Legal NewsNearly a year ago, we wrote about the importance of including “seal confirmation” in your China due diligence: One of our recurring themes is the need for due diligence when working on any business matters in China. Most foreign companies think of due diligence only when they are planning to make an investment. Most companies… Continue Reading
Litigation And Arbitration In China. No Surrender. Ever.
Posted in Legal NewsMy firm has been gearing up for a couple of CIETAC commercial arbitrations against Chinese companies and one thing we can state with near certainty is that neither will settle. The reason for this is Chinese companies virtually never settle their in-country litigation matters. In the United States, something on the order of 97% of… Continue Reading
Your Chinese Lawyer. Trust Yet Verify?
Posted in Legal NewsGot an email recently from someone who had contacted me months ago regarding a potential litigation matter against a Chinese company. The case was not terribly complicated and so I recommended this person secure local Chinese counsel, particularly since he spoke Mandarin. The new email was an update and the news was not good. Seems… 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
Working With Chinese and Korean Lawyers. The Big Four Issues With Each.
Posted in Legal NewsLast year, I wrote an article for the Complete Lawyer, entitled, “Working with Korean and Chinese Lawyers.” I was originally asked to write on working with Asian lawyers in general, but convinced the magazine to allow me to focus on just China and Korea. I asked for this limitation because I did not believe myself… Continue Reading
China Lawyer Ethics — Perils And Pitfalls For Foreign Companies
Posted in Legal NewsBrad Luo over at the China Business Law Blog recently did a two part series on legal ethics in China. Bear with me here people, because this post is highly relevant to anyone who uses or is thinking of using a Chinese lawyer or law firm. The first of Brad’s posts is entitled, “Time to… Continue Reading
Chinese Litigation: Why Forsake The Thrill Of The New?
Posted in Legal NewsA couple weeks ago, an American company contacted us about representing them before the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing. The American company claimed to be owed hundreds of thousands of dollars by a Chinese company that had failed to make final payment on a large piece of industrial equipment. The… Continue Reading
No Money For Sex In China
Posted in Legal NewsSex. Sex. Sex. There I said it. First time ever on this blog, too. Since reading China Herald’s post on the “Sex in Shanghai” controversy and, more importantly, how every one of his posts that mentions the word “sex” leads to a big spike in readers, I have been wanting to give it a try. … Continue Reading
China’s Courts Are Fair, Part II
Posted in Legal NewsYesterday, Ben Kostrzewa, a summer associate at my law firm, sat in on a trial at the Qingdao Maritime Court. Here is his report: I [Ben] grow increasingly skeptical of the criticisms Chinese courts receive in the United States, particularly from academics. Foreign scholars who, by law, cannot appear before a Chinese judge, rely on… Continue Reading
China Law — Change Is The Only Constant
Posted in Legal NewsInteresting article in the most recent Harvard Law Bulletin, entitled, “Why China?“ Article is an interview with Harvard Law Professor William Alford on the development of China’s legal system. Professor Alford knows whereof he speaks. Professor Alford talks about how “China is engaged in the most extraordinary effort at legal development in world history —… Continue Reading
China Legal — The Good, The Bad, And The Ugly
Posted in Legal NewsThis is Doug Berman’s second report from the Indiana University Kelley School of Business sponsored conference on “Capitalism with Chinese Characteristics” Doug’s first post was “Capitalism/Socialism With Chinese Characteristics — A Reporter’s Notebook.” This post focuses on the practice of law in China and, more particularly, on Chinese lawyer dissatisfaction. Because it so much deals… Continue Reading
China’s Crackdown On Foreign Law Firms — The Heat We Get/The Heat We Generate
Posted in Legal NewsLast week, we turned over to the China Confidential blog a memorandum from the Shanghai Bar Association, alleging (in strong terms) legal violations by foreign law firms operating in China. China Confidential did a post on this subject and, within minutes, we were getting e-mails and phone calls either complaining about the inaccuracy of the… Continue Reading
China Leads Rise in Patent Filings
Posted in Legal NewsThe World Intellectual Property Organization (WIPO) announced today [link no longer exists] that global patent applications reached a record high, thanks in large part to a 44 percent increase in filings from China. According to WIPO’s general director, “As Chinese enterprises look to export markets … they become more concerned about international patent protection.” We… Continue Reading
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