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ARTICLE · 04 MARCH 2013

Disputes In China: Watch Your Step

Morrison Foerster
Morrison Foerster
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Morrison Foerster

Morrison Foerster

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As cross-border business in China has exploded, so has the frequency of business disputes there.

ChinaLitigation, Mediation & Arbitration

As cross-border business in China has exploded, so has the frequency of business disputes there. With both Western and Chinese firms wary of conducting litigation on the other's home turf, parties can often agree on arbitration. Arbitration may even be preferable to bringing a Chinese company to an American court, says Craig Celniker, a Morrison & Foerster partner in Tokyo. That's because a Chinese judge may not recognize an American judge's ruling, but Chinese courts are obliged by international convention to honor arbitral rulings.

The Chinese national arbitration forum, known as CIETAC, has become one of the world's most popular, says Cedric Chao, a Morrison & Foerster partner who is an approved CIETAC arbitrator (and has also arbitrated for the International Chamber of Commerce and the Singapore International Arbitration Centre). Chinese companies often try to steer their Western partners to arbitrate by CIETAC's rules in mainland China. But internal friction

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