The Situation Of Foreign Enterprises Responding To Foreign Affairs In China Is In Urgent Need Of Change.

Whether a lawyer can win a lawsuit in complicated international litigation or arbitration is undoubtedly important. Chen Fayun, lawyer of Jiangsu Jin Ding Ying Jie, as China Foreign lawyer One of the outstanding representatives has been engaged in foreign legal services for more than 20 years, and its clients have been around the world.

"Foreign cases" Litigation procedure Usually, it takes a long time for a case to take 35 years. My white hair is acting as a proxy for 5 years of litigation involving foreigners. Chen Fayun, 50, jokes.

In 2007, a famous automobile company in China expected to use its external force to develop its series of automobile products into the US market. However, it was a claim lawsuit filed by a cooperative enterprise in the United States. The lawsuit filed in the United States involves 18 accusations such as fraud, breach of contract, unfair competition and so on. The amount of the claim is up to US $15 billion, which is the most important reason for Chinese enterprises to claim the foreign claim.

After understanding the case and analyzing it according to the actual situation, Chen Fayun put forward the basic train of thought and plan for responding. Subsequently, he spent more than 3 months collecting a large amount of evidence, and accordingly formed a more than 600 pages of business contacts report, in order to fix the basic facts of the case.

"In the United States and Britain and other countries, judges have very high demand for evidence and often require all evidence related to the case. If the evidence shows that one party holds the relevant evidence but does not provide it, unless it has a reasonable explanation, it may be judged by the judge to be concealing or destroying evidence, resulting in adverse consequences. " Chen Fayun said.

"More than 600 pages of business contacts report plus thousands of attachment evidence, the file is too large, causing the computer to crash suddenly. Fortunately, I was saved in the middle, and I was really frightened at that time. " Remembering the moment, Chen Yun Yun shook his head.

　　 Chinese judges The case is based on the relevant written laws, while the judges in the United States are based on previous relevant jurisprudence. To this end, after collecting evidence, Chen Fayun began to collect and study American cases one by one on the basis of 18 accusations.

"Foreign jurisprudence is all in foreign languages, and there are hundreds of pages in the verdict. After finding relevant cases, we should not only analyze the judgment results one by one, but also analyze the judges' opinions, so as to determine whether the allegations in the agency cases are established. Chen Fayun said that studying jurisprudence is extremely boring and essential, requiring deep research skills.

This case, which lasted for 5 years, was unable to remember how many cases were found, but only more than 50 volumes and tens of thousands of pages.

Chen Fayun believes that litigation or arbitration is only "fire fighting". For the "going out" Chinese enterprises, the more important thing is "fire prevention".

"International litigation or arbitration disputes, because of their jurisdiction in overseas judicial and international arbitration institutions, often involve the application of laws in a certain jurisdictions outside the country, and often occur in a situation of" overhanging the mountains "and" pressing the top of the mountain ". Chen Fayun said. For example, some enterprises are looking for a law firm which lacks foreign litigation or arbitration experience to respond to the lawsuit. The result is contrary to expectation. Even some enterprises are too costly to sue, and simply do not seek to give up the lawsuit, which ultimately leads to default judgment, which suffers huge economic losses and is expelled from the target market.

"Refusing to respond to a lawsuit is absolutely undesirable, and active prosecution should grasp some necessary tips. For example, we should look for lawyers who are rich in international litigation or arbitration experience in real estate to deal with foreign lawyers, and be controlled and controlled by domestic lawyers on behalf of enterprises." Chen Fayun said that one of the important reasons for "emergency treatment" is that foreign litigation enterprises do not understand foreign laws, litigation arbitration procedures and legal consequences.

For this reason, Chen Fayun has organized large-scale foreign law seminars for many years to popularize legal knowledge abroad and train responding skills for "going out" enterprises. "In the future, I will endeavour to provide advice and help for the" going out "enterprises to prevent and control legal risks, so that Chinese enterprises can know themselves in foreign litigation or arbitration, and at least dare to respond positively and rationally and correctly.