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O’Melveny’s Yeoh Authors Advice Article in China Law & PracticeDecember 14, 2011
In the December 2011/January 2012 edition of China Law & Practice, O’Melveny & Myers’ Hong Kong partner Friven Yeoh contributed a written response to a hypothetical situation, which provided an international perspective to a legal problem. The hypothetical problem surrounded a foreign party wanting to sue a Chinese supplier for alleged breach of contract. Yeoh broke down the places to file a lawsuit, including the supplier’s place of domicile and the place where the goods were delivered. The case would be heard by an intermediate court because it involves a foreign or non-China-based party, according to the article. Yeoh cautions that the proof of burden will be on the party alleging the breach of contract and suggests including an arbitration clause in future contracts to avoid going to court in China.