Arthur Dong and Darren Mayberry
Your day in court; Months of preparation. Millions on the line. But today your lawyers will finally press the other side’s evasive CEO / CFO / Low-level Lackey with the tough questions. And this time, there is no escape.
Or is there?
If the arbitration is in China, there can be no guarantee that your opponents may have to answer the tough questions. Proper preparation permits no substitute here.
Cross-examination remains a dominant presence in international commercial arbitration proceedings in leading jurisdictions. China commonly recognizes this in foreign-related proceedings, but the parties must have opted for arbitration. This article discusses additional steps non-Chinese companies can take to preserve cross-examination when handling international commercial arbitration seated in China.
Authored by Arthur Dong <dongxiao@anjielaw.com>, Darren Mayberry <darren.mayberry@anjielaw.com> at AnJie Law Firm