Monthly Archives: May 2015

Serving Legal Documents in Foreign Court with PRC Parties

When you want to sue your Chinese business partners in a popular foreign forum such as U.S., U.K., or Singapore, etc, the first thing to be done is to let your Chinese defendants know in writing that they are being sued.

Unfortunately, its difficulty and significance is frequently, if not always, underestimated. When legal documents are sent through 2 sovereign countries, it involves at least 2 concerns: (1) whether the sovereign of the country where the documents are received may be offended; and (2) whether the judges’ insistence on due process is complied.

Concern about Receiving the Sums From Your PRC Individual Client?

Probably due to Chinese amazing land and property legal scheme, which on one hand fueled the dramatic economic development while one the other hand renders all middle class home owner a tenant for a maximum of 70 years, Chinese investors are surprisingly enthusiastic about buying real property. At the era of PRC out-bound investment, it means that Chinese investors are buying real properties in U.S., U.K, Hong Kong, Australia, Singapore…..basically the rest of the world, particularly the developed area.

Another Brainstorm-like Forecast of Future Development of VIE in China

The “variable interest entity” structure (“VIE Structure”) may be one of the most controversial, twisted and jurisprudentially interesting topic in the Chinese legal community.

Effectiveness Vs. Efficiency -Management of Electronic Evidence in the Era of Paperless System

It is increasingly popular for multinational companies to replace the heaps of hard copy documents with all sorts of electronic document management system. Some of them are indeed necessities. For instance, most manufacturers simply can not live without SAP nowadays.

Unfortunately, such paperless system is not as user-friendly to the companies as to their lawyers. From the legal perspective of document / evidence management, the effectiveness and reliability of electronic evidence stored in such paperless system is always less ideal than the old school approach to have each piece of hard copy paper duly signed and acknowledged by the relevant parties.