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Jonathan Addo
Jonathan Addo
  • Jonathan Addo

  • Partner
  • British Virgin Islands
Jeremy Child
Jeremy Child
  • Jeremy Child

  • Partner
  • London
Stuart Cullen
Stuart Cullen
  • Stuart Cullen

  • Partner
  • British Virgin Islands
Julie Engwirda
Julie Engwirda
  • Julie Engwirda

  • Partner
  • Hong Kong
Peter Ferrer
Peter Ferrer
  • Peter Ferrer

  • Partner
  • British Virgin Islands
Claire Goldstein
Claire Goldstein
  • Claire Goldstein

  • Partner
  • British Virgin Islands
Hazel-Ann Hannaway
Hazel-Ann Hannaway
  • Hazel-Ann Hannaway

  • Partner
  • British Virgin Islands
Nick Hoffman
Nick Hoffman
  • Nick Hoffman

  • Partner
  • Cayman Islands
Andrew Johnstone
Andrew Johnstone
  • Andrew Johnstone

  • Partner
  • Hong Kong
Paula Kay
Paula Kay
  • Paula Kay

  • Partner
  • Hong Kong
Phillip Kite
Phillip Kite
  • Phillip Kite

  • Partner
  • London
Vicky Lord
Vicky Lord
  • Vicky Lord

  • Partner
  • Shanghai
Paul Madden
Paul Madden
  • Paul Madden

  • Partner
  • Cayman Islands
Henry Mander
Henry Mander
  • Henry Mander

  • Partner
  • Cayman Islands
Ian Mann
Ian Mann
  • Ian Mann

  • Partner
  • Hong Kong
William Peake
William Peake
  • William Peake

  • Partner
  • London
Lorinda Peasland
Lorinda Peasland
  • Lorinda Peasland

  • Consultant
  • Hong Kong
Chai Ridgers
Chai Ridgers
  • Chai Ridgers

  • Partner
  • Hong Kong
Nicola Roberts
Nicola Roberts
  • Nicola Roberts

  • Partner
  • Hong Kong
  • Singapore
Paul Smith
Paul Smith
  • Paul Smith

  • Partner
  • Cayman Islands
Andrew Thorp
Andrew Thorp
  • Andrew Thorp

  • Partner
  • British Virgin Islands
Jessica Williams
Jessica Williams
  • Jessica Williams

  • Partner
  • Cayman Islands
Jayson Wood
Jayson Wood
  • Jayson Wood

  • Partner
  • Cayman Islands

Take 10 season three, episode four - Practical tips for offshore litigation and the People’s Republic of China

On this month’s episode of Take 10, Asia Managing Partner Ian Mann is joined by Shanghai Managing Partner Vicky Lord to discuss the nuances and practicalities of offshore litigation from within the People’s Republic of China (PRC).

Click below to listen:

Key takeaways

  • Our lawyers in Shanghai provide advice to clients in the PRC on their offshore dispute matters. The PRC has a number of foreign law firms within its borders, all regulated by the Ministry of Justice of the People's Republic of China, providing foreign law advice to clients on the ground in the PRC. At Harneys, our lawyers advise on BVI, Cayman, and Bermuda* law.
  • Hong Kong and Singapore differ from Shanghai in that they have common law systems, as do the offshore jurisdictions. In contrast, Shanghai and the PRC is governed by a civil law system.
  • Clients in the PRC use offshore vehicles for their international business transactions which qualify as foreign-related transactions and are therefore capable of being governed by foreign law.
  • The PRC is a member of the Hague Service Convention, however, it has objected to Article 10 of the Convention, and therefore service through postal channels is not permitted. Service can still occur within the PRC through the Central Chinese Authority, but certain criteria must be met. 
  • PRC law explicitly forbids foreign lawyers and other foreign personnel from carrying out judicial acts (such as taking depositions) in the territory of the PRC. As a result, witnesses travel to other jurisdictions outside of the PRC if they need to provide evidence in foreign litigation.
  • In the PRC, affirmations can be declared before a notary public and can be affirmed directly in Chinese; however, if it is in English, some notaries may require a full translation of the affirmation; or indeed it may not be possible at all. Different regions in the PRC have different approaches.
  • Unless an affirmation is required, for the purposes of commercial claims, witness statements are acceptable to support interim applications and are therefore an efficient and preferred method.

*Bermuda law advice is provided through Zuill & Co., an independent Bermudian law firm in exclusive association with Harneys.

 


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Take 10 season three, episode four - Practical tips for offshore litigation and the People’s Republic of China

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