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Member You - Litigation in China for Foreign Investors
In our continuing series on medical billing, focusing on certificates of medical necessity, we'll be covering the GC0 record in this installment.The GC0 record is sent for any patient that either sees a chiropractor or has a chiropractic procedure performed. Not all insurance carriers recognize and pay on chiropractic claims so it is best to check with your carrier before attempting to send a GC0 record. If the record is not recognized and the claim is sent with one, there is a good chance that the claim will be denied. What follows are the fields of the GC0
lStrict limits on ability to compel the production of evidence (discovery procedures), probably the greatest disadvantage of litigating in China
lLenient treatment of perjury
lLack of emphasis on precedent – judicial precedent is not binding
The headline that appears over the salutation in a fundraising letter is known as the overline. Overlines have one goal: to persuade your donor to read your letter.According to direct mail copywriter and author Hershell Gordon Lewis, the best kind of overline to use in a one-to-one piece of communication like a fundraising letter is a hand-written overline, one that looks like a spontaneous burst of enthusiasm. Hand-written overlines, says Lewis, should not look “produced.” I agree.Your goal, then, if you decide to use an overline, is to work up more ent
Chinese courts rely on a legal system more akin to continental Europe than the common law system of the UK, Canada, or the United States, yet there are distinctively Chinese characteristics. Get a good local lawyer before litigation in China - only Chinese nationals working for mainland Chinese law firms may appear in court.
Local Bias – Although there are a number of examples of foreign investors prevailing in Chinese courts against state-owned enterprises and other well-connected local parties, results vary drastically with location (big cities being considered among the safest bets for foreigners), and it is often difficult for the foreign party to enforce favorable judgments.
Jurisdiction and Forum Shopping- Lower courts in China operate on a regional basis, and the Supreme People’s Court is the court of last resort. Jurisdiction rules must be complied with - a corporate defendant must usually be sued in the jurisdiction where its headquarters are located.
Procedure
Some of the key features of the People’s Courts include:
lGreat emphasis on formal documentation over witness testimony
lA lot of attention to the production of powers of attrney, authenticated original documents, notarizations, and seals
lRelatively low-cost, high speed procedures, at least compared with the glacial speed of litigation in the United States
lStrict limits on ability to compel the production of evidence (discovery procedures), probably the greatest disadvantage of litigating in China
lLenient treatment of perjury
lLack of emphasis on precedent – judicial precedent is not binding
Become a better boss and reap the benefitsAnother interesting study was done. One that should really catch our attention. It reveals that employees who are happier and treated well, produce better results than those who are unhappy. And most frontline workers are unhappy and are looking elsewhere for work.No, it shouldn’t surprise us. But somehow it does. It surprises us first, because we are stunned that a study had to be done to prove something that is so obvious. The outcome of the study should not be as surprising as the fact that it was done at all
Local Bias – Although there are a number of examples of foreign investors prevailing in Chinese courts against state-owned enterprises and other well-connected local parties, results vary drastically with location (big cities being considered among the safest bets for foreigners), and it is often difficult for the foreign party to enforce favorable judgments.
Jurisdiction and Forum Shopping- Lower courts in China operate on a regional basis, and the Supreme People’s Court is the court of last resort. Jurisdiction rules must be complied with - a corporate defendant must usually be sued in the jurisdiction where its headquarters are located.
Procedure
Some of the key features of the People’s Courts include:
lGreat emphasis on formal documentation over witness testimony
lA lot of attention to the production of powers of attrney, authenticated original documents, notarizations, and seals
lRelatively low-cost, high speed procedures, at least compared with the glacial speed of litigation in the United States
lStrict limits on ability to compel the production of evidence (discovery procedures), probably the greatest disadvantage of litigating in China
lLenient treatment of perjury
lLack of emphasis on precedent – judicial precedent is not binding
Have you ever sat in a network marketing opportunity meeting and felt the magic in the air? Have you watched as the recent leaders and achievers walked across the stage to receive their awards and secretly wished that you were one of them up there doing that?You get those gurglings of excitement deep inside and you almost want to jump in and cheer with all of those people around you, but you don’t. You just kind of sit back in an anxious quiet, partly aching to participate but also partly wondering what causes grown adults to behave so exuberantly.It’s
Jurisdiction and Forum Shopping- Lower courts in China operate on a regional basis, and the Supreme People’s Court is the court of last resort. Jurisdiction rules must be complied with - a corporate defendant must usually be sued in the jurisdiction where its headquarters are located.
Procedure
Some of the key features of the People’s Courts include:
lGreat emphasis on formal documentation over witness testimony
lA lot of attention to the production of powers of attrney, authenticated original documents, notarizations, and seals
lRelatively low-cost, high speed procedures, at least compared with the glacial speed of litigation in the United States
lStrict limits on ability to compel the production of evidence (discovery procedures), probably the greatest disadvantage of litigating in China
lLenient treatment of perjury
lLack of emphasis on precedent – judicial precedent is not binding
Are you opening a dollar store? If so, you will likely hear about the importance of customer service. However, most of the time this information is focused on providing customer service as customers are shopping in your store. What you may not hear is the importance of never allowing customers to wait to pay for their purchases.Don’t ever forget the fact that shoppers took the time and trouble to get to your store. They spent their time walking the store and selecting items to purchase. If you did things correctly when opening a dollar store, those shoppers will
Procedure
Some of the key features of the People’s Courts include:
lGreat emphasis on formal documentation over witness testimony
lA lot of attention to the production of powers of attrney, authenticated original documents, notarizations, and seals
lRelatively low-cost, high speed procedures, at least compared with the glacial speed of litigation in the United States
lStrict limits on ability to compel the production of evidence (discovery procedures), probably the greatest disadvantage of litigating in China
lLenient treatment of perjury
lLack of emphasis on precedent – judicial precedent is not binding
A tree is a natural example of a perfect business. It energises us with fresh oxygen while recycling our waste air. It absorbs energy directly from the sun while we still have to digest food. It aligns with the forces of nature. Imagine your business is like a tree. Is your business growing each year and producing ripe results? Or is it stunted and withering.Here are some ways that you can regenerate your life and business using the wisdom of a seed, a tree and a forest.1. The Seed That Grows A Forest.Look at a seed. Perhaps an apple seed. It has a
lStrict limits on ability to compel the production of evidence (discovery procedures), probably the greatest disadvantage of litigating in China
lLenient treatment of perjury
lLack of emphasis on precedent – judicial precedent is not binding in China, although higher courts do issue detailed legal interpretations to guide lower courts
lLower damage awards - damages awards are low by US standards, and it is more difficult to prove the amount of loss than in Western countries
lDifficulty in enforcing injunctions, seizure of assets, and specific performance - large bonds are often required before a temporary restraining order will be issued.
Administrative action (bypassing the couret system) is often available in cases or intellectual property infringement or counterfeiting.
Appeals – Dissatisfied claimants ar usually entitled to one appeal, whci is usually granted and executed speedily. However, some judgments are effectively unappealable.
Enforcement
Domestic judgments can be difficult to enforce. Local authorities may fail to assist the enforcement a judgment that is seen as damaging to local economic interests. Furthermore, the People’s Courts have a reputation of being vulnerable to the “Enron Effect” – they seldom bother to trace and seize assets deliberately hidden by defndants through the use of complicated corporate structures.
Foreign judgments are enforceable in theory but difficult to execute. Enforcement is generally based on the principle of reciprocity, meaning that China will only enforce judgment
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