Overseas Enforcement of Judgments

Intermediate People’s Court of Wuhan City

This past weekend (Labor Day), the wires were abuzz with excitement– in transnational litigation circles, anyway– about a Chinese court’s unprecedented  enforcement of a U.S. judgment.

READ THAT SENTENCE AGAIN.  Really.  I’ll wait.

Yes, folks.  A court in the People’s Republic of China

JLPC via Wikimedia Commons.
JLPC via Wikimedia Commons.

(As of 2022… French Huissiers are now called Commissaires de Justice…)

To most American lawyers, service pursuant to the Hague Service Convention means filling out an inscrutable Article 5 request form, putting a jumble of paperwork into decipherable order, and mailing it off into some

I’m not a fan of arbitration, as a general rule—especially in consumer contracts.*  That said, arbitration is far superior to litigation in many situations, and for many reasons.

In tort, not a good idea.  Certainly not an appropriate venue for a family law dispute. And consumer contracts?  Just… no.  Only the vendor benefits.*  But

My parents divorced around the time I finished high school.*  The court ordered Dad to provide support to Mom for both me and my sister as long as we were full time students, even in college.  I finished my bachelor’s degree about the same time my sister finished high school, and the old man decided

David Iliff, via Wikimedia Commons

[Originally published at vikinglaw.us]

Simple practice tip: if your defendant is located in Hong Kong, be sure to refer to the jurisdiction as Hong Kong, China or, alternatively, Hong Kong S.A.R. (shorthand for “Special Administrative Region”).  Any request which refers to Hong Kong in isolation

[Originally published at vikinglaw.us]

My newsfeed has been jam-packed with Brexit stories since England & Wales voted to quit the European Union (for the record, Scotland and Northern Ireland voted overwhelmingly to remain—and this will have additional effects on the state of the UK).  On the morning of the result, I gave a CLE