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Appeal in China Litigation Procedure

Appeals are an important part of the legal process, since they give you a second chance to have your case hard and evaluated. An appeal refers to party's request for a formal change in a court decision. Any litigant who is dissatisfied with a court decision may file a petition requesting a court of appeals to review the case. This china law firm has Chengdu lawyer, Dalian lawyer, Shenyang lawyer, Nanjing lawyer, Ningbo lawyer, Tangshan lawyer extensively appear on appeal court in China.

The procedure for an appeal varies depending on the type of case and which court system has jurisdiction. Appeals from state court cases must be made to the state court of appeals. Appeals arising out of federal law must be appealed to federal courts. If a case involves a federal agency, it is appealed in a district court directly instead of being handled by the court of appeals.

Either the losing party or the winning party may appeal a verdict in civil cases. The losing party may ask the court to overturn the decision, or to reduce the severity of the penalty imposed. The winning party may ask the court to make the penalty more severe. Cross appeals can also be filed in which the losing party asks for the verdict to be overturned and the winning party simultaneously requests a more stringent penalty be applied.

 

China Business Litigation

Sometimes business disputes arise, and when they can't be resolved through negotiation or arbitration proceedings, business litigation can be used as a way to remedy the situation. Whether it's a private individual or a business entity that has a legal issue with another business entity, we will look at what is business litigation. We have Chongqing lawyer, Hangzhou lawyer, Wuxi lawyer, Qingdao lawyer, Foshan lawyer, Wuhan lawyer experienced in business litigation law.

Many people are concerned about their finances and investments now, so anyone who suspects that his investment broker has not acted ethically may bring business litigation against brokers who do not act in the best interest of the clients. If an investor suffers excessive financial loss as a result of unethical behavior by a broker, the investor can pursue business litigation. In the same vein as unethical broker behavior, which usually involves a broker pushing inappropriate investments on clients or failing to fully disclose investment information, is investor fraud, which involves deception.

 

What makes a good China litigation lawyer

As a China litigator, I would like to write this introductory article to reflect with colleagues as to what makes a good China litigation lawyer. Below is a selection of the qualities that I believe are seen in the best litigators that I have come across both acting for clients and against them.

Notwithstanding major changes in the litigation process in China over the last 10 years and the growth of ADR, these qualities remain largely consistent over time. Of course, no one person can be expected to have all these qualities and, if they did, they would probably regularly change their clothing in a telephone box. Nevertheless, the litigators that act for us possess many of the qualities set out below, which are not listed in any order of importance.

Taking Command at the Outset

When a serious dispute arises, it is very important that the right people are brought together; that further prejudicial documentation is not created; and that an objective cogent assessment of the situation is presented to senior management. While the in-house function will be expected to contribute significantly to this, the senior external litigator’s input is paramount. At the first meeting the litigator will be expected to provide reassurance that he or she recognises the issues involved, has had experience of dealing with them in the past and is already formulating what immediate steps should be taken. The litigator should be mindful of any individual senior managers’ personal concerns arising from the dispute, but ultimately must provide an objective assessment.

Good Communicator

A litigator who can sum up in a page and a half or in a 5 minute conversation the merits of the dispute and the best way forward, will always be highly valued.

Good Listener

Too often lawyers are on full transmit mode and can be too intent at the outset on explaining why they have the necessary experience to do the job. The first meeting is inevitably an information gathering exercise and, in this, the ability to listen and ask the right questions to elicit the “weakest part” of the client’s case is essential.

Good Negotiator

Everybody can learn negotiation skills to a point; nevertheless really good negotiators have instinctive qualities that are very difficult to acquire through education. The ability to read and deal with people is paramount. The growth in mediation has, is anything, increased the amount of ‘face-to-face’ dealing. The ability to spot potential openings for settlement and weaknesses and concerns in the other side is an invaluable quality.

 

The China law firm's commericial and business litigation practice

The china law firm's attorneys practicing in the Business and Commercial Litigation Department have devised and executed litigation strategies that are not only cost effective and designed to achieve a favorable result, but most importantly, are fully compatible with the business objectives of our clients. The various types of litigation handled through the department include the following diverse areas:

Antitrust and Trade Regulations: We enjoy a nationwide reputation as one of the premier firms in antitrust litigation. Among the major antitrust actions in which this firm has been involved for nearly twenty years, the firm was counsel in the defense of a major consumer electronics manufacturer in the alleged conspiracy to "dump" Japanese electronics equipment into the American market. This case was litigated in several forums and was ultimately decided in favor of our client in the landmark lawsuit. At the same time, we have also provided extensive antitrust and trade regulation counseling to clients involving their trade practices in a variety of industries in order to prevent problems from occurring. These efforts are reflective of the firm's role in many of the major antitrust cases litigated in China and in other forums during the past quarter century.

Class Action Defense: We have defended various class actions including antitrust and securities class actions, nationwide class actions for false advertising and other consumer fraud claims, product related claims including medical devices, consumer electronics, printers, lead in cosmetics, distribution of counterfeit pharmaceutical products, vehicle service contracts, rent-to-own contracts, and class actions brought under various laws, antitrust class actions, and securities class actions.

 

Difference among mediation, arbitration and litigation in China

As an China international arbitration lawyer and China litigation attorney, I have always want to talk about the difference among mediation, arbitration and litigation in china.

Many people want to know what litigation is, what the ramifications of litigation are and whether there are any alternatives to litigation. Generally, litigation is when one party sues, or files a lawsuit, against another party.  The filing of the lawsuit kicks off litigation and the parties are now involved in a lengthy battle that can be extremely expensive as well as emotionally draining.  Once in litigation, you are officially under the jurisdiction of the relevant court system.  This means your attorney will be working with opposing counsel, judges and their clerks.  The lengthiest and most challenging aspect of litigation, prior to trial, is discovery.  This is where both parties engage in fact finding to strengthen their case.  Discovery can be extremely expensive especially when a case is complex and involves multiple expert witnesses.  Finally, if the case has not settled, litigation ends in a trial.  Trials are held in front of judges, in the presence of a jury and the jury returns a verdict in favor of a party. 

There are several alternatives to litigation, which can occur contemporaneous with litigation, including Mediation and Arbitration. Mediation is a way to facilitate settlement of one’s claim through the use of a neutral and detached umpire. Normally the mediator is chosen with the consent of both parties or may be selected by the court in the case that a judge has ordered the parties to take part in mediation.  The mediator does not act like a judge; rather, the mediator attempts to point out the strengths and weaknesses of ones case and highlights other factors that the parties may not have considered. Moreover, the Mediator does not offer legal advice nor does he represent any of the parties present – he is neutral and detached.  Mediation is a useful approach as it may result in settlement of the claim, or, at the very least, the parties leave the mediation with an understanding of how far or close the two sides are to settling their case. 

Arbitration is similar to a trial.  An arbitrator presides over the proceedings (there may be more than one arbitrator present) and makes findings of law and facts and writes an opinion. Arbitration may be binding on the parties.  Typically, there will be three arbitrators involved where each party selects an arbitrator and then the two arbitrators select a third.  At the conclusion of the arbitration, the arbitrators will draft a written opinion deciding who is victorious.  If the arbitration is binding, then the opinion is also binding; if not, then the arbitration decision may be appealed. 

As one can imagine, the different forms of alternative dispute resolution have drastically decreased the amount of litigation that takes place and, even more so, the amount of trials held.  However, just like litigation, Arbitration and Mediation require much preparation and skill.  It is not advisable for one to engage in the foregoing alone.  You should seek the advice of an attorney who has experience litigating, arbitrating and mediating cases.

We cannot say arbitration, mediation and litigation which one is better. We have to choose according to specific circumstance of each case.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.