July. 2006

 

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On June 5, 2006, Mr. R. Brad Oates, the chairman of NFC Global, LLC visited China , and had a meeting with Mr. Hai Yang, the president of Steele in Steele’s office. While in the meeting, Mr. Hai Yang introduced two main business including Due Diligence Investigation and Risk Control Report and the future development strategy programming of Steele, as well as Mr. Oates introduced his background and his company. They had a deep discussion on the business cooperation and achieved the deep cooperation memorandum in the field of Background Investigation, Due Diligence Investigation and Risk Control Project.

Steele is going to hold <the Pre-employment Risk Control Salon> with the topic of ‘’ Booking a cup of fragrant coffee and sharing valuable experience”. The main contents of the Salon include pre-employment risk analysis and tasting pure coffee, which will be held in Beijing on 14:00-16:00, July 13, 2006.  

The Annual Conference of CII will be held in Singapore since August 14 to 19, 2006, and the association invites Mr. Hai Yang to attend the conference.

China CBN reports: In allusion to Nation Grant-in-aid Loan and new designed Sinosafe Union Study Loan, Sinosafe Insurance recommended Study Loan Insurance on June 16, 2006, by through that for transferring the risk in reason by insurance form, which can assist undergraduates completing their study successfully.

China Intellectual Property Net reports: In recent, the Ministry of Information Industry allocated the commonweal service phone ‘ 12312’ for complaining and exposing an offence about intellectual property, so the public can call this service phone to complain about the pirate of intellectual property. 

On June 21, 2006, the legal service center for patients’ lawful rights has set up in Changsha City , Hunan Province, which is the first on in China .  

The Xinhua News Agency reports: Human Resources National Talent Exchange Center issued a bulletin, in which without authorization, any organization cannot conduct those activities such as recruiting students, providing trainings and qualification attestation by using the name of ‘’Human Resources National Talent Exchange Center “, “Talent Evaluation Office of Human Resources National Talent Exchange Center”, “Management Talent Center of National Enterprises”, or “Professional Talent Center of China Talent Net”. Once be found, the illegal conducts will be exposed in China Talent Net and other medias. 

Pain Just Starting As American Class Action

                                                           Reporter of Legal Daily: Zhou Fenmian

 

By Stat., there are over 40 Chinese enterprises list in America , and over 600 Chinese enterprises list in abroad, which exclude branches in abroad because of expanding business.

In recent period, the class actions in America didn’t closed, including the anti-fraud case happened in New York Branch, Bank of China, and the class action against China Life, China.com, Netease and China Aviation Oil Holding Company, as well as the biggest wireless value added service provider, Kongzhont.com is facing the class action in America. According to incomplete statistics, there were almost 51 disputed cases involved in China in process in New York State and other states in U.S.A.

The senior partner, Zhou Xier of New York Branch of Lovells International Law Firm says: “In my opinion with several years’ observation, some Chinese enterprises do not understand American Law.” He says: ”For foreign companies, another constantly exacerbation of risk is the position in jurisdiction aspect by American courts, which is equivalent to own the worldwide jurisdiction. For instance, American courts own the jurisdiction on multinational companies which running in America , regardless where the claims of the suite is happened.”

But, a foreign company can adopt proper measures to reduce litigation risk, which also shall equally apply to Chinese companies. Some specialists thought that it is possible to detract litigation cost by taking our an insurance policy, as well as to learn disclosure of evidence system of America, which means that you should hold all electronic letters as the evidence for future use.

The lesson of n American corporation can be used for annotation. In 2003, Morgan Stanley was got into court, and the court indeed required relevant documents, especially requesting to provide electronic documents, however Morgan Stanley provided a small part and explained it would take several months to prepare the whole electronic documents, finally Morgan Stanley received a heavy sentence by compensating compensation in the amount of USD6 billion to the plaintiff. Furthermore, the court ruled that Morgan Stanley to pay USD8.6billion of the punitive compensation.

Meanwhile, a lot of specialists thought that “Pay more attention to use the terms of arbitration, when sign a contract to state the terms of arbitration, which is for avoiding the litigation system of America .”

Shen Sibao, the tutor of a Ph.D., professor of The Law School, University of International Business & Economics says that Chinese enterprises should learn using arbitration. Arbitration as the effective approach in solving international disputes should be paid more attention to, unfortunately the knowledge on arbitration is disunity, so does not have enough knowledge on the essence and character of arbitration, as well as the current arbitration system requiring reformation, Arbitration Law has to be revised.

He also considers that business arbitration belongs to non-government character, and the arbitration power of arbitrators comes from the authorization of parties, not exertion jurisdiction or administrative right. The essence of arbitration is to provide special services. Business arbitration in China should give prominence to the function of the arbitration courts and arbitrators, as well as the consciousness self-rule. From the long-term view, it is inevitable for the combination of domestic arbitration and international arbitration

Thereby, it is in dire need of to reform our current arbitration system, and train a group of excellent arbitrators to assist Chinese enterprises response to suits in abroad.

 

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