27 August 2012 In Family and Divorce

Under Chinese law, divorce is generally a simple process if both parties agree to the divorce and there are no children or assets involved. Two Chinese people can walk into the marriage registration office with their marriage books and their hukous and be divorced the same day. However, when the divorce involves a foreign national, the procedure can be much more complicated.

That said, foreign national can still get a divorce, though it is a difficult procedure. It make takes time, and it's only a matter of time, if you are committed to divorce, even either party is not willing to divorce.

27 August 2012 In Family and Divorce

China divorce lawyer

China lawyer at the Law Office of Peter Zhu  received an inquiry recently from a foreing national intending to pursue a China related divorce. Here is her question:

My husband is US citizen and resides in China. I live in California. We've agreed to divorce and separated since he moved to China in 2009. No legal separation process is done and no divorce petition has been filed in court. We only have email agreement and he said he would file the divorce but he didn't do it. He was not quite responsive for my contact to finalize the divorce paperwork. Now I want to file the divorce in California and serve the divorce paper to him in China. How shall I do that?

27 August 2012 In International Arbitration

China arbitration lawyer

China has a relatively well-developed body of law in relation to arbitration, which is in most respects largely consistent with international practice. However, some gaps still exist between the letter of the law and its application. The Arbitration Law of the People's Republic of China, promulgated on August 31, 1994, unified arbitration practices across the country and harmonizes China's arbitration system with internationally accepted principles, systems and practices.

27 August 2012 In Company Setup

Shenzhen liquidation and bankruptcy lawyer

As Chinese economy slows down, many foreign invested companies liquidated their businesses in China. There are many issues to consider and many challenges to face when you are trying to liquidate your business. We are experienced China lawyers experienced in company liquidation matters. You are welcome to contact us for free consultation.

There are of course regulations under Chinese law for how these liquidation processes should properly be carried out to ensure that the company’s final bills are settled, tax is paid, and all the company’s remaining liabilities and statutory responsibilities are correctly discharged.

27 August 2012 In Contracts

Product liability law is relatively new in China. A new law gives plaintiffs in product liability cases the opportunity to forum shop, much to the consternation of foreign manufacturers. China product liability lawyer at the Law Office of Peter Zhu discusses the implications of this legislation for foreign companies. Product liability arises when a defective product is placed on the market, and the defect in such product gives rise to damages to a person or property.

In general, a Producer holds the primary responsibility for product liabilities arising from a defective product, where the product poses unreasonable danger to personal safety or property, or does not meet national or industry standards.

27 August 2012 In Contracts

In 2010 a new Tort Liability Law was introduced in China, which specifically deals with product liability. China has been faced with booming economic growth and, in this context, there have been a number of product liability episodes in the last few years, ranging from infant formula tainted with melamine to escalators unexpectedly reversing direction. Such product liability issues have prompted stronger governmental oversight and harsher punishment for those responsible.

The extent of potential product liabilities for Producers and Sellers is an important aspect to take into account when operating in the PRC. Any company producing or selling in the PRC should allocate sufficient resources towards monitoring product quality and establishing effective product distribution channels to mitigate the risk of such liabilities arising. Such companies should also have plans in place for product recalls, product liability litigation and even for public relations crisis management.

27 August 2012 In Criminal Defense

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The Chinese court system is based on a civil law system that was modeled off of Soviet legal principles. All Chinese laws are organized in a Criminal Code that contains all of the regulations and rules that are used to interpret criminal law. However, in my experience, as a China criminal defense lawyer, there are many other judicial interpretations that are not included in the code buy still serve as good source of law cited by criminal judges.

There is no special criminal court system in China. Most criminal cases are heard in first instance court, while serious crimes that potentially lead to life imprisonment or death penalty will be heard by the Intermediate People's Court.

27 August 2012 In International Arbitration

Full text of and a brief on Arbitration Law of the People's Republic of China

The Arbitration Law of the People's Republic of China, promulgated on August 31, 1994, unified arbitration practices across the country and harmonizes China's arbitration system with internationally accepted principles, systems and practices. As experienced China arbitration lawyer, we translated the original Chinese text into English. Below is the full text of Arbitration Law of the People's Republic of China.We also attached relevant provisions of the Civil Procedure Law that sets force some aspects of arbitration matter.

It is important to note that Arbitration Law of the People's Republic of China prevails if any arbitration rules of CIETAC conflicts with it.

27 August 2012 In Employment and Labor

China severance pay employment dispute lawyer

Employment dispute (also known as labor dispute) is a controversy between an employer and its employees regarding the terms (such as conditions of employment, fringe benefits, hours or work, tenure, wages) to be negotiated during collective bargaining, or the implementation of already agreed upon terms. As experienced China employment dispute lawyer, we handled an employment dispute recently.

The case is between an American employee based in China and his employer I*M Shenzhen office, a world famous technology company.

27 August 2012 In International Arbitration

China arbitratoin lawyer

China International Economic and Trade Arbitration Commission (CIETAC) is one of the major permanent arbitration institutions in China. The institution has various subcommissions across China and Hong Kong. As China arbitration lawyer, we have extensive experience in arbitration matters with them. Below we discuss the topic how to start an arbitration action at CIETAC.

Please note you should follow not only the arbitration rules of CIETAC, but also China Arbitration Law.

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