Global Dispute Resolution
1. International Litigation Arbitration
Cross-border litigation and arbitration can basically be divided into three ways: foreign court litigation, foreign-related litigation in domestic courts and international arbitration. In such an era of interconnectedness and interdependence through world trade, capital flows, technology transfer and movement of people, it is inevitable that a large number of cross-border legal disputes will arise. However, cross-border litigation & arbitration is often difficult due to legal and cultural differences, language communication barriers and other reasons.
Our team of cross-border lawyers with deep Chinese and Western cultural backgrounds provides solutions for cross-border litigation & arbitration in the era of globalization. The team's strengths include:
1) Resolving cultural conflicts, breaking down language barriers and building bridges between lawyers from different countries from a legal and cultural perspective.
2) To analyse foreign law from a professional point of view, to convey to the parties the precise meaning of foreign law and to help them to understand in depth the application of foreign law.
3) Based on a comprehensive grasp of foreign law, we help parties determine the optimal litigation strategy from a global perspective and implement this strategy in court or arbitration through professional operations.
2. Litigation about International Trade Remedies
International trade remedies are a system with the function of a safety valve created by the WTO to prevent the negative effects of trade liberalization and to achieve fair competition, mainly including anti-dumping, countervailing and safeguard measures. It is an important part of the legal system relating to trade in goods under the WTO framework, and international trade remedies are frequently used by countries as non-tariff barriers to trade on a global scale.
Our professional team maintains close and excellent business cooperation with leading law firms around the world, forming a global network for trade remedy legal services. The team provides professional legal services for the whole process of trade remedy investigations, including pre-filing assessment and preparation for response, formulation of response strategies and plans, preparation of questionnaires, field verification, hearings, representation of companies and industries in defence without prejudice, seeking and facilitating price undertakings at the request of clients, and legal advice and representation of companies in the collection of taxes and tax refunds. In addition to new investigations, the team also acts in various review investigations, including anti-avoidance, anti-absorption, new exporter review, interim review, annual review and sunset review, as well as judicial review and WTO dispute settlement proceedings.
Notarization & Certification
Canada is a common law country and lawyers are notaries public in Canada; Therefore, notarization by Canadian lawyers is not only valid in Canada, but also recognized in common law countries & regions around the world (USA, UK, Australia, Singapore, Hong Kong, etc.). Our Canadian lawyers are based in China and can notarize & certify the following legal documents in China to facilitate your overseas travels; we can also help you to obtain legalization from the Chinese Consulate in Canada so that the legal documents notarized by our Canadian lawyers can be used in China:
(a) A Power of Attorney is a legal instrument officially recognized by Canadian law that grants someone authority to act as an agent for you. By giving someone a formal power of attorney, you are giving him/her the legal authority to act on your behalf in real estate, bank accounts or financial and legal matters worldwide. If you are in China and need to dispose your property in Canada, you can use a “Power of Attorney” to authorize a friend or relative in Canada to do so on your behalf, and vice versa. A “Power of Attorney” is a non-governmental document that requires a lawyer to draw up and sign (Certification). If it is to be used in China, it must be notarized by a Canadian lawyer and certified by the Chinese Consulate in Canada (Legalization).
(b) Notarization of overseas account opening. We also handle notarization of power of attorney, notarization of Chinese or other passports, and other related notarizations for individuals and companies to open overseas bank accounts, overseas stock accounts, set up overseas companies, etc.
(c) Overseas civil documents, including but not limited to: Canadian birth certificate, Canadian marriage & divorce certificate, Canadian real estate certificate, Canadian citizenship certificate, Canadian certificate of non-criminality, Chinese and Canadian declarations of identity (non-governmental documents, which need to be drafted by a lawyer), Canadian academic certificates, proof of legal funds, and other personal documents required for immigration or study in Canada.
(d) Overseas commercial documents, including but not limited to: Certificate of Incorporation, Certificate of Good Standing of the Company, Central Securities Register of the Company, Canadian Shareholder & Board Resolutions, and Canadian Trademark and Patent Certificate, etc. We can also conduct due diligence to help you obtain these commercial legal documents or related information if you do not have them.
International Intellectual Property Rights
International IP, as a core element of a company's international competitiveness, requires lawyers with extensive and in-depth cross border legal expertise in providing services to meet the significant challenges in patent, trademark, IP day-to-day legal matters and litigation. Our IP lawyers have extensive experience in China and international IP practices, combining global perspectives with local knowledge to plan foreign-related IP protection, draft foreign-related IP rules and regulations, design model IP contracts, and provide comprehensive IP solutions. Our team’s services span the entire lifecycle of IP assets, including but not limited to patent strategies, trademark strategies, franchise strategies, as well as search programs for infringement or invalidity analysis, filing programs, early warning and defense programs, protection and enforcement programs, etc.
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