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Lawsuit Legal Articles

Legal articles on Lawyer.com, Written by legal experts, are a great resource for learning more about Lawsuit. Find more legal articles


Top strategies for winning arbitration in china

This article discusses how Wholly-Foreign Owned Enterprises ("WFOEs") can be successful in arbitration under Chinese Law. The China International Economic and Trade Arbitration Commission (“CIETAC”) has reported a rapid growth in commercial arbitration cases in China. Many of these arbitrations have involved WOFEs engaged in activities through the Chinese Government's the Belt and Road Initiative. If a WFOE find themselves in arbitration in CIETAC, parties to a dispute should understand the basic underpinnings of the UNCITRAL Model Law on International Commercial Arbitration of 1985 (“Model Law”). Strategies for winning arbitration include: agreeing to arbitrate in the first place; executing an enforceable arbitration clause; knowing how and when to commence an arbitration action; applying the correct substantive law; understanding the arbitrability of the case; prepare sound evidence; and ensuring the outcome of arbitration is enforceable.

How do wholly foreign owned enterprises (wfoes) win lawsuits in china?

This article addresses what a Wholly Foreign Owned Enterprise (“WFOE”) operating in China should do to avoid ending up in court and, if it does, how the company can maximize its chances of winning the case. WFOEs enjoy the benefits of limited liability afforded businesses and the individual rights offered under Chinese civil law. Most WFOE's will need to deal with the Chinese courts' Civil Procedure Law and also should know how the litigation will proceed substantively, such as under contract law or as a foreign party, because it will impact strategy and legal outcomes. Most high-profile WFOE cases do not end in favor of the foreign party. So an entity litigating labor and employment issues or issues likely to impact international trade will likely lose. WFOEs need to also consider alternative dispute resolution mechanisms, such as arbitration in front of the China International Economic Trade Arbitration Commission (“CIETAC”). WFOEs embroiled in litigation in China’s courts of law can maximize their chance of success by engaging skilled, knowledgeable local counsel with knowledge of both domestic and international laws.

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Recovering damages for wrongfully issued injunctions in illinois

This article address the recovery of damages for "wrongfully issued" injunctions in Illinois.

The “buyer's option” contract in illinois

This article addresses the buyer's option contract in Illinois.

Litigating the suspension of physician clinical privileges: the intersection of the illinois medical studies act and the rule of “at issue” waiver

This article address the concept of "at issue waiver" in the context of the Illinois Medical Studies Act.

Advantages of online divorce mediation

Online divorce mediation has several advantages over in-person meetings: it is much more convenient, it facilitates collaborating on documents, it can ease the intensity of emotions, and it gives couples a wider choice of mediators.

Research assistant "an historical analysis of the binding effect of class suits"

Researched law review article written by GEOFFREY C. HAZARD, JR.; JOHN L. GEDID; STEPHEN SOWLE. https://www.jstor.org/stable/3312739?seq=1

Nursing home and alf neglect and abuse: your rights (and covid19 litigation updates)

You or your loved one has been the victim of abuse or neglect in a nursing home, assisted living facility, or by an aide from a Home Health Agency, with important Covid19 updates included.