File a lawsuit in China: begin with the right claims

This is a good lesson to be learned by legal professionals in China, and foreign law firms and lawyers instituting arbitration proceeding in China shall also bear this in mind.

Here is the true story: a seller and a buyer entered into a trademark transfer agreement pursuant to which the seller agrees to sell a trademark (the "Mark A") to the buyer. Upon the …

Litigation strategy in Chinese courts: annul or rescind the contract?

The strategy I talk about here may apply in other cases at Chinese courts. While it may sound weird to foreign minds, it is very true in China.

Our real estate team at Dacheng Law Offices (Shanghai) has dealt  with a quite controversial case recently. Here are the facts:

The client bought a factory building in an Industrial Park in Fengxian District, Shanghai.…

the trouble of evidence discovery in Chinese litigation proceeding for foreign parties

To institute a lawsuit in China is set to be a big headache or even a nightmare for foreigners or foreign companies. There are many reasons for causing the headache: total ignorance of Chinese substantive and procedural laws, lack of trust in their lawyers hired, lack of confidence in Chinese juridical system and so on, among which the trouble in the cumbersome…

conservatory measures in Chinese legal proceedings, litigation or arbitration

It is proved to be tough to do business with Chinese astute businessmen and Chinese companies. I guess very often foreign businessmen and foreign companies may be thinking about suing their Chinese distributors, supplier or business partners in China (it is a bad strategy to sue a Chinese company in foreign country because in most cases these foreign judgments…

China court litigation? May not be bad for you

For foreign traders or businessmen dealing with Chinese counterparts, is it a good idea to stipulate that disputes will be submitted to Chinese competent courts for settlement through litigation?

Many will shake heads firmly, as they have come to know how corrupt the Chinese court systems are, and how difficult or biased a Chinse litigation proceeding will…