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Tag Archives: Litigating in China

Litigating In China. What You Need To Know.

Posted in Legal News

Just came across a truly excellent article, entitled, “Patent Procurement and Enforcement in China: A Field Guide.” This guide was written by four Morrison & Foerster patent lawyers. : Ken Xie, David Yang, Glenn Kubota  and Peng Li (formerly with MoFo). The article is in two parts. Part I consists of a nuts and bolts overview on China patent… Continue Reading

Myths About China Law And Business

Posted in China Business, Legal News

Been a bit consumed preparing for a China seminar I am co-hosting.  Today I spoke with Sage Brennan, one of the consumer products panelists and we ran through some possible questions.  I threw out the following question as a possibility:  ”What are some of the most pervasive myths you see about the Chinese consumer.”  Sage’s… Continue Reading

Litigation And Arbitration In China. No Surrender. Ever.

Posted in Legal News

My 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

What You Should Know About China Litigation.

Posted in Legal News

The China Law Insight Blog has a very thoughtful post entitled, “Evidence Collection and Alternatives to “Discovery” in P.R.C. Litigation.” The post does an excellent job explaining the lack of pretrial discovery in China court cases and why American companies and lawyers tend to be so ill-prepared for this. To grossly summarize and oversimplify the… Continue Reading

China Litigation. You’ve Got It All Wrong.

Posted in Legal News

Excellent article in Asian Lawyer Magazine by Fangda lawyer, Gordon Gao. The article is entitled, “Dangerous Myths About Litigating in China.“  The article puts forth the following propositions: 1. Big Western companies often do not know how to litigate in China. They think the way to litigate in China is by having their BigLaw Western… Continue Reading

Litigating In China. Don’t Lock Yourself Out.

Posted in Legal News

By Steve Dickinson The Chinese press has been very excited to report this week on an increase in foreign litigants making use of the Chinese courts. Under the somewhat misleading title of “Commercial disputes with foreign nation [sic] flood Chinese courts,” the reports state that the PRC Supreme People’s Court reports the following statistics: •… Continue Reading

How To Sue A Chinese Company. Part IV. Arbitration In The U.S. And Suing In China.

Posted in Legal News

This is part IV of our series on how to sue a Chinese company. This is the final post in our series addressing what to do to secure redress against a Chinese company that owes you money or has wronged you. It is based on an article I recently had published (along with one of… Continue Reading

Chinese Litigation: Why Forsake The Thrill Of The New?

Posted in Legal News

A 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