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On China Litigation And Getting Harmonized To Death. Ugh.

By Dan Harris and Steve Dickinson

I am going to have to be vague almost to the point of incoherence here, but if you keep reading, you will understand why. About three years ago, we brought a very large lawsuit in China, using one of our favorite Chinese law firms. We are representing the plaintiff on this case and we are claiming that another foreign company (with a very large China presence) made a mistake that cost our client. The mistake involved shipping and the issue is a really important one for China. The law ought to be clear and it ought to favor our client, but the Chinese courts have been very reluctant to rule. We have been stuck at the highest level court of the province (a relatively sophisticated province) for about two years now. The court kept trying to get the parties to settle and that has gone absolutely nowhere. Now the court keeps delaying its ruling, saying the decision is important to China and important for China's foreign affairs. And so we sit. And sit. And sit. This is the first time anything like this has ever happened to me and I am wondering if we will get a ruling in my lifetime. Our Chinese law firm has a great relationship with this court and is in constant touch with them and they too are very frustrated. And so we wait. And wait. And wait. Ugh. Anyone else have a similar story?

Full post as published by China Law Blog on November 23, 2009 (boomark / email).