Acting for Clients Located in China
We have experience acting for clients based in China pursuing claims in Ontario, Canada or involved in international arbitration.
Lawsuit in Ontario, Canada
You or your company in China may have been sued in Ontario, Canada.
Or you may be advised to sue a defendant in Ontario, rather than in China. There may be a number of reasons for this such as: you may have agreed to Ontario, Canada as the forum for the dispute, the defendant may be in Ontario, the assets of the defendant may be located in Ontario, or there may be other concerns about the applicable law or enforceability in Ontario, Canada of a judgment obtained in China.
International Commercial Arbitration
Alternatively, you or your company in China may have agreed to arbitration of claims and disputes. Businesses are increasingly involved in international transactions which require that disputes be referred to arbitration.
Enforcement of Arbitration Awards from China
Through the adoption of international conventions on the enforcement of foreign arbitral awards, the enforceability of a foreign arbitration award has become easier in many instances. China and Canada are parties to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention.
Issues and Disputes
Debt Recovery in Ontario, Canada for Clients in China
Our lawyers can act in both large and complex debt collection matters to enforce creditor’s rights, whether the debt relates to:
- Unpaid sale of goods
- Accounts receivables
- Enforcement of payment of a promissory note or other contractual debt
- Enforcement of the return of valuable assets, loaned or leased
- Multi-jurisdictional, coordinated debt collection and enforcement of creditor’s rights
We can advise and represent clients in the courts of Ontario and Canada and in international arbitration (where applicable) in the following international sale and trading disputes:
International Sale of Goods
We can advise and represent clients in International Sale of Goods, Shipping of Goods, and Products Liability Claims and Disputes. We can advise on all aspects of regulatory requirements for sale of goods in Ontario and China.
Licensing and Distribution
We can advise and represent clients in wide-ranging matters and disputes involving licensing and distribution, including:
- Brand protection and intellectual property rights, including trade-mark and copyright rights and enforcement remedies.
- Contract law, including issues concerning rights, obligations, performance, enforcement, breach of contract and damages.
- Equitable remedies such as rescission (un-making the contract) or specific performance of a contract.
- Interim and interlocutory injunctions and orders to freeze assets, preserve the status quo pending the determination of litigation, stay of proceedings, and to obtain and secure evidence.
We have acted for manufacturers, distributors, importers, exporters, sellers, wholesalers and retailers in connection with losses alleged to have occurred from use of products alleged to be defective, by design, manufacture, shipment, intermediate alteration, or sale, or, where there are failure to warn or instruct issues. We also sometimes act for those sustaining injuries from defective products or suffering a business loss from use of a defective product in their own manufacturing process. We act for insurers, but also for manufacturers or distributors themselves.
Clients may be companies carrying on business in Ontario, elsewhere in Canada, or outside of Canada. We have experience in cases emanating from China, US, Europe and elsewhere and in working with a foreign client’s local counsel in cross-border litigation in multi-jurisdictional claims.
We can assist foreign litigation counsel concerning goods manufactured in or distributed from Ontario.
Some of our lawyers have been admitted and practiced law in foreign jurisdictions, have both foreign and local legal education, and a number of our lawyers and law clerks speak languages including Cantonese, French, Russian, Portuguese and Italian.
Why Choose Gilbertson Davis LLP
We strive to resolve our clients disputes early and effectively through the provision of quality legal services at reasonable rates.
We are experienced litigators both in the courtroom and in arbitration. We have experience in international matters in the Ontario Superior Court of Justice, the Divisional Court, the Ontario Court of Appeal and in arbitration.
Please contact Gilbertson Davis LLP for an initial consultation.
John L. Davis, Managing Partner; firstname.lastname@example.org;
T (416) 979-2020 X 229; F (416) 979-1285
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Related Practice Index
Contract Termination and Force Majeure
Business Torts | Economic Torts
Commercial List Matters
Commercial Leasing Litigation
Sale of Goods Litigation
Import Export – Textiles and Apparel
Injunctions and Urgent Relief