Planning for the Worst

Sep 4, 2018
As more U.S. and Chinese companies enter into business relationships, contractual arbitration provisions are becoming more important. Susan Leader, Brett Manisco, and Kristen Chin of Akin Gump Strauss Hauer & Feld consider the differences between US and Chinese litigation in court and private arbitration.

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Chinese companies have become significant players in many industries in the United States. For example, Chinese and American companies frequently collaborate in the entertainment sphere, including on the co-production, licensing, and distribution of international films. Likewise, the American real estate industry has seen Chinese investors and state-owned conglomerates invest tens of billions of dollars in American real estate over the last five years, purchasing iconic buildings and development projects in major cities such as New York, San Francisco, and Los Angeles. Meanwhile, in China the government has recently taken steps to encourage investment in advanced technology, leading to a dramatic surge in outbound Chinese investment in American biotechnology start-up companies in 2018. Moreover, Chinese manufacturing within the United States will likely become more common as the costs of land, electricity, distribution, and raw materials in China continue to rise.

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