Comments for AsiaBizBlog http://www.asiabizblog.com The Web's First China Business and Law Blog -- Now in Our 10th Year Thu, 19 May 2011 15:43:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 Comment on Avon, Door-to-door Sales and the Foreign Corrupt Practices Act by Richard http://www.asiabizblog.com/management/avon-door-to-door-sales-and-the-foreign-corrupt-practices-act/#comment-472 Richard Thu, 19 May 2011 15:43:12 +0000 http://www.asiabizblog.com/?p=555#comment-472 You mean, if I understand you correctly, that bribery, a crime under the laws of Nation A, should be considered a crime anywhere. Even where government officials and businessmen -- from executive to foot-soldier -- in Nation B countenance and routinely demand bribes, indeed have done so throughout their history. This is a species of cultural arrogance, usually justified by appealing to the moral sense. But such sensibility varies dramatically across the globe, and what is yours is not necessarily mine, nor what is theirs ours, and vice-versa. Putting it another way, would you refuse to bow to a Japanese in Japan because you, as a Westerner, bow only to God? (Such was the resolution of George Staunton before the Chinese Emperor Kang-Hsi.) Or demand a Chinese in China speak English with you because you will not learn his tongue? You mean, if I understand you correctly, that bribery, a crime under the laws of Nation A, should be considered a crime anywhere. Even where government officials and businessmen — from executive to foot-soldier — in Nation B countenance and routinely demand bribes, indeed have done so throughout their history.

This is a species of cultural arrogance, usually justified by appealing to the moral sense. But such sensibility varies dramatically across the globe, and what is yours is not necessarily mine, nor what is theirs ours, and vice-versa.

Putting it another way, would you refuse to bow to a Japanese in Japan because you, as a Westerner, bow only to God? (Such was the resolution of George Staunton before the Chinese Emperor Kang-Hsi.) Or demand a Chinese in China speak English with you because you will not learn his tongue?

]]> Comment on Szpilman and Saaler on Pan-Asianism — Part 2 by Eulalia Johnson http://www.asiabizblog.com/ideas-in-chinese-life/szpilman-and-saaler-on-pan-asianism-part-2/#comment-453 Eulalia Johnson Mon, 16 May 2011 14:21:44 +0000 http://www.asiabizblog.com/?p=576#comment-453 Fascinating and exceedingly well written. Thank you for posting this. Fascinating and exceedingly well written. Thank you for posting this.

]]> Comment on The Return of Manufacturing to the US — Has China Had It? by Michael http://www.asiabizblog.com/management/the-return-of-manufacturing-to-the-us-has-china-had-it/#comment-153 Michael Tue, 19 Apr 2011 03:25:40 +0000 http://www.asiabizblog.com/uncategorized/the-return-of-manufacturing-to-the-us-has-china-had-it/#comment-153 I agree. Most small companies really shouldn't be sourcing from China. I say "most" because I have seen small companies with really deep China experience do well here. It's not impossible, just difficult. Even when they know what they are doing, however, they will be in the back of the line if the supplier has a problem (eg one of its big customers needs something right away.) True also about the labor costs. The real problem is raw material cost not labor. Sorry to agree with the last paragraph as well. It just isn't coming back to the US. (Although, I wonder what the future holds when companies will be able to actually "print" products like they print documents. In that scenario it could come back for small runs.) I agree. Most small companies really shouldn’t be sourcing from China. I say “most” because I have seen small companies with really deep China experience do well here. It’s not impossible, just difficult. Even when they know what they are doing, however, they will be in the back of the line if the supplier has a problem (eg one of its big customers needs something right away.) True also about the labor costs. The real problem is raw material cost not labor. Sorry to agree with the last paragraph as well. It just isn’t coming back to the US. (Although, I wonder what the future holds when companies will be able to actually “print” products like they print documents. In that scenario it could come back for small runs.)

]]> Comment on Chinese Investment in the US – Job Creation Chimera by Eddie Barnes http://www.asiabizblog.com/u-s-economy/chinese-investment-in-the-us-job-creation-chimera/#comment-152 Eddie Barnes Fri, 28 Jan 2011 14:58:55 +0000 http://www.asiabizblog.com/uncategorized/chinese-investment-in-the-us-job-creation-chimera/#comment-152 You made a noteworthy point here, Rich. "If one can't get the best out of his employees....he is doomed to get only mediocrity or worse." If the decision makers at these Chinese-invested US enterprises begin to recognize and understand this, it will be interesting to see if they will make changes in their management styles in order to establish successful and profitable businesses. You made a noteworthy point here, Rich. “If one can’t get the best out of his employees….he is doomed to get only mediocrity or worse.” If the decision makers at these Chinese-invested US enterprises begin to recognize and understand this, it will be interesting to see if they will make changes in their management styles in order to establish successful and profitable businesses.

]]> Comment on Video: Real Estate Bubble to Burst Very Quickly — 10-20% Decline in National Average in Housing Prices Over Next 18 Months by Miss Johnson From London http://www.asiabizblog.com/investment/video-real-estate-bubble-to-burst-very-quickly-10-20-decline-in-national-average-in-housing-prices-over-next-18-months/#comment-151 Miss Johnson From London Fri, 18 Jun 2010 02:00:39 +0000 http://www.asiabizblog.com/uncategorized/video-real-estate-bubble-to-burst-very-quickly-10-20-decline-in-national-average-in-housing-prices-over-next-18-months/#comment-151 Has Asiabizblog posted this article to Ben Jones's <a href="http://thehousingbubbleblog.com/" rel="nofollow">http://thehousingbubbleblog.com/</a> ? Its readers may well appreciate its contents. Has Asiabizblog posted this article to Ben Jones’s
http://thehousingbubbleblog.com/ ? Its readers may well appreciate its contents.

]]> Comment on Google Reported to Plan Closing of Chinese Language Search Engine by Editor, Asia Business Intelligence http://www.asiabizblog.com/entering-the-china-market/google-reported-to-plan-closing-of-chinese-language-search-engine/#comment-150 Editor, Asia Business Intelligence Wed, 17 Mar 2010 18:45:43 +0000 http://www.asiabizblog.com/uncategorized/google-reported-to-plan-closing-of-chinese-language-search-engine/#comment-150 I can think of nothing else but that those who rule Western nations -- having digested the caustic academic pap spread by their own generation which purports to prove the West responsible for the world's ills -- are too ashamed of their own civilizations to stand up for their own people, even when justice demands it and when, in fact, most of the cards are in their hands. I can think of nothing else but that those who rule Western nations — having digested the caustic academic pap spread by their own generation which purports to prove the West responsible for the world’s ills — are too ashamed of their own civilizations to stand up for their own people, even when justice demands it and when, in fact, most of the cards are in their hands.

]]> Comment on Google Reported to Plan Closing of Chinese Language Search Engine by Jason Lau http://www.asiabizblog.com/entering-the-china-market/google-reported-to-plan-closing-of-chinese-language-search-engine/#comment-149 Jason Lau Wed, 17 Mar 2010 04:21:42 +0000 http://www.asiabizblog.com/uncategorized/google-reported-to-plan-closing-of-chinese-language-search-engine/#comment-149 Great article. What I don't understand is why fewer people don't see the inconsistencies of this system. As an Australian, I can't own property here, yet housing prices in my home town of Melbourne are being driven through the roof by Beijing investors. The govt cries "foul" and runs to the WTO accusing Western nations of protectionism, but then manipulates its currency to artificially sustain its industries. A great article is <a href="http://www.nytimes.com/2010/03/15/business/global/15yuan.html?partner=rss&emc=rss&pagewanted=print" rel="nofollow">http://www.nytimes.com/2010/03/15/business/global/15yuan.html?partner=rss&emc=rss&pagewanted=print</a> Why do Western governments and companies not see this? Or do they see it, and remain too greedy to do anything about it? Your thoughts? Great article. What I don’t understand is why fewer people don’t see the inconsistencies of this system. As an Australian, I can’t own property here, yet housing prices in my home town of Melbourne are being driven through the roof by Beijing investors. The govt cries “foul” and runs to the WTO accusing Western nations of protectionism, but then manipulates its currency to artificially sustain its industries. A great article is http://www.nytimes.com/2010/03/15/business/global/15yuan.html?partner=rss&emc=rss&pagewanted=print
Why do Western governments and companies not see this? Or do they see it, and remain too greedy to do anything about it?
Your thoughts?

]]> Comment on Google Reported to Plan Closing of Chinese Language Search Engine by Miss Johnson From London http://www.asiabizblog.com/entering-the-china-market/google-reported-to-plan-closing-of-chinese-language-search-engine/#comment-148 Miss Johnson From London Tue, 16 Mar 2010 17:36:36 +0000 http://www.asiabizblog.com/uncategorized/google-reported-to-plan-closing-of-chinese-language-search-engine/#comment-148 First class post. Chapeau! First class post. Chapeau!

]]> Comment on Federal Court Enforces Chinese Judgment Against American Company by Jie Huang http://www.asiabizblog.com/legal/federal-court-enforces-chinese-judgment-against-american-company/#comment-146 Jie Huang Thu, 27 Aug 2009 13:19:13 +0000 http://www.asiabizblog.com/uncategorized/federal-court-enforces-chinese-judgment-against-american-company/#comment-146 I appreciate Professor Clarke and Mr. Johnston insightful comments on this case.
In my point, a choice of law issue distinguished the Robinson case from all Hong Kong cases. The Robinson court applied the Mainland law to determine whether a Mainland judgment is final. On the contrary, all the Hong Kong courts applied Hong Kong law to decide whether a Mainland judgment is final. In other words, the Robinson case ignites a debate: which law should be applied to decide the finality of a foreign (sister-region) judgment: the law of the judgment-rendering court or the law of the requested court?
In the US, the UFMJRA explicitly requires to apply the law of the judgment-rendering court for the finality issue. For example, “[T]he UFMJRA, adopted in California and codified at former California Code of Civil Procedure sections 1713 to 1713.8, applied to any foreign judgment that is final, conclusive, and enforceable under the laws where rendered. Former Cal. Civ. Proc. Code § 1713.2” (emphasis added). Hubei Gezhouba Sanlian Indus. Co. v. Robinson Helicopter Co., No. 2:06-cv-01798-FMC-SS-x 2009 WL 2190187, at *5 (C.D. Cal. July 22, 2009). The court held that “[t]he PRC Judgment was final, conclusive, and enforceable under the laws of the PRC…”) Id, *8.
On the contrary, Chiyu Banking Corporation Limited v. Chan Tin Kwun and its progenies applied Hong Kong law for the finality issue.
Arguably, the US courts’ approach should be praised.
Therefore, in this observation, I think it is difficult for a Mainland judgment debtor to succeed in arguing finality issue in the US enforcement proceedings, because under Mainland law, a judgement that may be reopened under the procedure of trial supervision is final. Therefore, the significance of the Robinson case goes beyond its factual issue discussed in Prof. Clarke’s comments.
I agree with Mr. Jones that the Robinson judgment also encourages us to explore the reciprocity requirement under the Art. 265 of the Mainland Civil Procedure Law. I also read somewhere that a German court recognized a Mainland judgment years ago but after that Mainland China still denies the recognition and enforcement of German judgments. If I remember correctly, the German court simply recognized, BUT NOT ENFORCE, the Mainland judgment. Therefore, Mainland courts may hold that the reciprocity was not established. Supposed that the Robinson judgment is upheld in the appeal, a question arises: how can an American judgment creditor pursuade a Chinese court that there is reciprocity between the US and China so Chinese courts should recognize and enforce US judgments?
Reciprocity is very hard to define. What is its territorial coverage? After a California court recognized and enforced a Mainland judgment, should Mainland courts recognize and enforce judgments from all of the American states, only federal courts, federal courts located in California, or California state courts? What is its temporal coverage? Should Chinese courts recognize and enforce US judgments made after the Robinson judgments? What types of judgments does it cover? All monetary judgments?

]]> Comment on Federal Court Enforces Chinese Judgment Against American Company by Paul Jones http://www.asiabizblog.com/legal/federal-court-enforces-chinese-judgment-against-american-company/#comment-145 Paul Jones Mon, 24 Aug 2009 17:42:19 +0000 http://www.asiabizblog.com/uncategorized/federal-court-enforces-chinese-judgment-against-american-company/#comment-145 The imbalance that Rich talks about in his blog already exists in other countries, such as Canada, where the enforcement of foreign judgments is based more on comity rather than reciprocity. The concept of "comity" is based on enforcement out of courtesy and respect for the other court rather than reciprocal obligations. Presumably the respect is for enforcement based on universal principles of justice rather than reciprocal trade obligations. However Article 265 (formerly 267) of the Civil Procedure Law (?????) provides for enforcement based on treaties or reciprocity: "???????? ???????????? ??????????????????????????????????????????????????????????????????????????????????????? ?????????????? ??????????????? Article 265 If a legally effective judgment or order made by a foreign court requires recognition and enforcement by a people's court of the People's Republic of China, the party concerned may directly apply to the intermediate people's court of the People's Republic of China which has jurisdiction over the case for recognition and enforcement, or the foreign court may, in accordance with the provisions of the international treaties concluded or acceded to by the People's Republic of China or on the principle of reciprocity, request recognition and enforcement by a people's court. Now that the United States has recognized a Chinese judgment, maybe this will lead to US applicants in Chinese courts arguing for enforcement based on reciprocity, as evidenced by this case. That would be a change! The imbalance that Rich talks about in his blog already exists in other countries, such as Canada, where the enforcement of foreign judgments is based more on comity rather than reciprocity. The concept of “comity” is based on enforcement out of courtesy and respect for the other court rather than reciprocal obligations. Presumably the respect is for enforcement based on universal principles of justice rather than reciprocal trade obligations.
However Article 265 (formerly 267) of the Civil Procedure Law (?????) provides for enforcement based on treaties or reciprocity:
“???????? ???????????? ??????????????????????????????????????????????????????????????????????????????????????? ?????????????? ???????????????
Article 265 If a legally effective judgment or order made by a foreign court requires recognition and enforcement by a people’s court of the People’s Republic of China, the party concerned may directly apply to the intermediate people’s court of the People’s Republic of China which has jurisdiction over the case for recognition and enforcement, or the foreign court may, in accordance with the provisions of the international treaties concluded or acceded to by the People’s Republic of China or on the principle of reciprocity, request recognition and enforcement by a people’s court.
Now that the United States has recognized a Chinese judgment, maybe this will lead to US applicants in Chinese courts arguing for enforcement based on reciprocity, as evidenced by this case. That would be a change!

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