What though is the best way to you pursue a legal claim against a PRC company that owes you money or has wronged you in some other way? Whenever someone approaches my law firm wanting to sue someone or being threatened with a lawsuit or having already been sued, the first thing our dispute resolutions ask is whether there is a contract.

The reason for this is not so much to determine the merits of the lawsuit, but to see whether there is an agreement out there mandating in what sort of forum disputes between the parties must be resolved. Generally speaking, if there is a contractual agreement to arbitrate, you must arbitrate. And, generally speaking, without an arbitration agreement, your dispute must be resolved in some court somewhere. Jurisdiction will usually be one of the How To Sue A Chinese Company issues you will want to resolve when formulating your litigation strategy against a Chinese company.

Superior Court of California, Solano Cty. Shivnath Rai Harnarain Co. An American company usually Reliable Transportation Bus Company no jurisdictional bar to suing a Chinese company in Mainland China. Though suing in China is usually possible, it should not be done without a good understanding of what that actually entails.

This means service on the Chinese company of whatever complaint you file against it in a U. In our experience, Chinese courts can be painfully slow and even random in sending out service. And if the Chinese company you are seeking to sue is a powerful local entity, service likely will be even slower. One of the trickiest things about effecting proper service on a Chinese company is that if you do something wrong somewhere along the service route, it is not uncommon for Chinese court or Ministry of Justice officials to wait months to tell you that they will not be serving your papers and you need to start all over with your service request.

To put it another way, it is critical you do everything correctly. China formally objected to service by mail under Article 10 a of the Hague Convention on Service and U.

Magnificence Carriers, Inc. Ing H. Porsche A. We will in subsequent posts discuss how to conduct discovery against a Chinese company you have sued in a U. Court, the litigation and arbitration strategies to deploy when suing a Chinese company, and arbitrating against Chinese companies and suing them in China.

Jurisdiction Jurisdiction will usually be one of the first issues you will want How To Sue A Chinese Company resolve Abm Company formulating your litigation strategy against a Chinese company.

The original English version of the documents to be served. The Chinese translation of all documents to be served. A photocopy of all the above documents.

How to Sue a Chinese Company: The 101 China Law Blog

Aug 22, 2019 · China’s Ministry of Justice will then send your service of process documents to the appropriate local court to effect service. In our experience, Chinese courts can be painfully slow and even random in sending out service. And if the Chinese company you are seeking to sue is a powerful local entity, service likely will be even slower.…

How to Sue a Chinese Company, Part 2 China Law Blog

Sep 29, 2019 · In part one of this series, How to Sue a Chinese Company, The 101, we focused on jurisdiction and service of process issues and we noted the following: Chinese courts rarely enforce U.S. judgments, but they do tend enforce the judgments of the approximately 40 countries with which they have a treaty to do so.…

How to Sue a Chinese Company, Part 4 China Law Blog

Oct 03, 2019 · This is Part 4 of this series on how to sue a China company. Part 1, How to Sue a Chinese Company: The 101, was on how to effect service of process on a Chinese company under the Hague Convention Service of Process rules and on the jurisdictional issues involved in suing a Chinese company. Part 2 dealt with conducting discovery (or not) against a Chinese company you have sued ……

How to Sue Chinese Company CIE SOURCING

we(our company is located in New Jersey) and a chinese company developed a product based on our own idea about 3 years ago. meantime we made a contract said that they can not sell the same product to any company and any country by using our logo, our design, or package. we have promoted to sell the product and the prodcut sales is growing ...…

How to Sue a Chinese Company, Part 3 China Law Blog

Oct 02, 2019 · This series of posts addresses how to sue a Chinese company that owes you money or has wronged you. Part 1, How to Sue a Chinese Company: The 101, was on how to effect service of process on a Chinese company under the Hague Convention Service of Process rules and on the jurisdictional issues involved in suing a Chinese company. Part 2 dealt with conducting discovery (or ……