Product Liability eNews January 2011. Foreign-Country Money Judgments Recognition Act Summary. In 1962, the Uniform Law Commissioners promulgated the Uniform Foreign Money-Judgments Recognition Act.
It is a companion to the 1948 (amended in 1962) Uniform Enforcement of Foreign Judgments Act. In spite of the similarities in titles, these acts deal with quite different problems of judgment enforcement. The Enforcement of Foreign Judgments Act provides for enforcement of a state court judgment in another state to implement the Full Faith and Credit clause of the U.S. Constitution.
US Courts For Chinese Litigants. The Year In Review. The following is a guest post by Ted Folkman, the force behind the Letters Blogatory blog, of which I am a long-time fan.
Letters Blogatory has a very tight (and for me, very interesting focus). Litigation In China: Ten Things You Must Know. In 2007, China's GDP grew at the rapid rate of 11.9 percent; the forecast for 2008 is a solid 9.8 percent.1 Along with this fast-paced economic growth comes a continued increase in the volume of business opportunities and of lawsuits.
China already is an active and expanding litigation jurisdiction, including one of the most active patent litigation dockets in the world.2 China is focused on reforming its legal system to keep up with this increasing caseload, but its litigation system remains imperfect. This article explains some of the most important things to know about litigating in China. Procedural Considerations China has four levels of courts: (1) basic courts in each county, (2) intermediate courts in each prefecture, (3) higher courts in each province, and (4) the national Supreme People's Court.
Only Chinese nationals working for Chinese law firms may appear in court. Jurisdictional Considerations. How To Sue A Chinese Company. Part I. Jurisdiction And Service Of Process. Let’s face it, even in a down economy, suing Chinese companies is a growth area.
On top of that, it is fun and lucrative. My firm originally made its mark handling international litigation and of late, it is litigation against Chinese companies that is feeding our rapid growth. We just hired two more full time lawyers (more on that in a later post) and both will be mostly focused on our international litigation and arbitration practice. What it takes to litigate against Chinese companies is one of my favorite speaking topics because so many lawyers get it wrong and are surprised to hear what it takes to get it right. Taking Judgments to China. I often write on how American companies should not rush into suing Chinese companies in the United States because such lawsuits are usually of no value at all.
See my posts on this here and here. Brendan Carr over at the Korea Law Blog [site no longer exists] just did a post, entitled, “Enforcement of Foreign Judgments in Korea — Tips and Traps.” China Business Contracts. We recently did a set of tooling agreements for a client doing business in China and as a part of that, one of our China lawyers sent the client the following instructions on making sure those agreements were properly signed: As noted above, you must ensure that the tooling agreements are properly executed by the Chinese companies that will control the tooling.
A few months later, another of our China lawyers did some China NNN Agreements (a/k/a NDAs or Non Disclosure Agreements) for the same client. NNN Agreements are not long or complicated agreements and they are typically discussed and even entered before the parties have a much of a business relationship. Our client asked our (and its) lawyer whether it would need to go through the same long and somewhat difficult process for the signing of each NNN Agreement, just as it had done for its tooling agreements.
Our lawyer responded as follows: It is that “easy.” Whiteboarding. Trello Board. The Market. Why are Chinese parents sending their kids to high school in the US? Increase in # of Intn'l Students. The United States enrolled the highest number of international students in its history during the 2012-2013 school year, welcoming 819,644 undergraduate and graduate students to colleges and universities throughout the country, according to a report released today.
Challenges of Integration. Questionnaire for Current International Students. Open-Doors-Briefing-November-2013. Intern'l Student Data. China's Population Poised to Crash in Perfect Demographic Storm. Those who still have not gotten the message that China's expected growth rate of 7% is not going to happen are advised to consider the viewpoints of Nicholas Eberstadt who studies demographics for the American Enterprise Institute.
Bloomberg covers Eberstadt's demographic projections in an interesting article on China’s Pending Population Crash Today’s most important population trend is falling birthrates. The world’s total fertility rate -- the number of children the average woman will bear over her lifetime -- has dropped to 2.6 today from 4.9 in 1960. Half of the people in the world live in countries where the fertility rate is below what demographers reckon is the replacement level of 2.1, and are thus in shrinking societies. As Eberstadt points out, we can make predictions about the next 20 years with reasonable accuracy.
World Population Prospects and the Global Economic Outlook. Part Two: Changing Demographics in China - What you need to know. Photo Source: www.china.org.cn Part One: The Consequences of ‘NOT’ Understanding your Target Audience in China are clear.
Mattel dumped millions of dollars into a flagship store that ended closing three years after entering China (2009-2012). Best Buy, Google, E-bay, Mattel, Home Depot and many more have all learned the hard way. Businesses cannot use an American (or existing) strategy in China and expect a cash cow. “China’s demographic pressures are unusual among emerging markets. Age Gap There are three distinct age groups within China. Pre-Cultural Revolution The Pre-Cultural Revolution mindset is one of turmoil and triumph. Mass urban migration is also reshaping the country’s demographics. Economic Reform These individuals had their hopes in dreams shot down in their early 20′s at Tiananmen. Emerging Power (Little Emperors, Gen 2) The expression “Little Emperors” has been used many times to describe the Chinese children born during the mid 1980′s.