In-house counsel: following the assets is key in mainland China disputes

Author: Karry Lai | Published: 24 Sep 2018

Following where assets are located is key to create an effective dispute resolution strategy when going after potential debtors and enforcing judgments, according to panellists at the Asialaw Asia-Pacific Dispute Resolution Summit in Hong Kong on September 20.

To ensure chances of asset recovery and to be able go after debtors, it's important to structure and safeguard investments wisely. But what’s the strategy when it comes to forum selection to ensure judgments get enforced?

"In the past, foreign parties in the US, UK and EU tended to favour their home ground in forum selection," said Shaun Wu, partner at Kobre & Kim. "But from an enforcement standpoint, this is not ideal as Chinese courts don’t recognise these foreign judgments."

Foreign parties are also concerned that local courts would side with local parties. According to Wu, general counsel wouldn’t agree to use local Chinese courts because in some cases,...