(ORIGINAL) My Draft

时间:2012-02-22 12:48:45  作者:ESTHER  文章分类:享受英文

Hello D,

How are you! 

Thank you for your letter.

Your case is a foreign-related cases, specifically foreign-related arbitration. I do not know the facts of your case, so I am going to talk about a very general comments on the following  only. Because the level of charges of Chinese lawyers,  more depend on the style of handling the cases. If you pay the lawyer fees and more, then so all of the cost  you paid will be used to make your case, and this cost should not be owned by the lawyer for Chinese lawyers are subject to the management of the higher authorities, so no one dare to deliberately overcharge; if you pay attorneys' low fees, then a lot of things of your case can not be done, because every step to do for your case will cost money for it. These two costs you mentioned in your message are not right-----the former is too high, the latter ten thousand yuan is too low certainly. Now, I'm generally write the following to your cost used in areas as a lawyer's explanation.

First, within the country may jurisdiction, then Chinese lawyer can let foreigners submit the cost of litigation to be secured, where the cost is the costs of the parties, witnesses, expert witnesses, translation staff. These costs is not attorney fees, but the parties must pay for it; In addition, state laws and regulations of foreign cases costs are a little higher than our own native people, and one of the reasons is to avoid chaos v. a waste of our judicial funding.

The second is the Service  Abroad. It's the judicial documents sending to the parties residing in foreign countries. Extraterritorial Service need for foreign judicial authorities on the delivery of judicial assistance ~; can also be directly to the Consular Service of Mailing.

The third is the Service may need extra-territorial investigation and evidence collection. This is a very big trouble for some countries have a strong territorial principle and will not let you just go and search who should be searched people, but the U.S. is actually very particular about the specific, it means, that if China government has signed a mutual legal assistance treaties with other countries to operate, the U.S. will support it.

Above right are the need to consider the node, the most important is the judgment recognition and enforcement of foreign recognition and enforcement of the judgment. The Court of a country must meet the requirements all above, generally see, whether your proceedings is fair or not and the fairness of the proceedings is not; whether Whether the judgment is lawfully obtained;whether the request is the one having been executed by the Other State or not; whether there is a mutually beneficial relationship or not. The most important is that the judgment and execution can not be contrary to public order of the State of enforcement. Most countries recognize and enforce a foreign judgment of the Court because of consider within the law of Domestic and international conventions.
       
Also, I have read your documentation, and I feel that you are very clever for you do not want to lose a lot. However, if one does not want to lose something, he may loses more. It is best not to go to extremes, but the middle way. General speaking, this legal instruments I write, you must pay at least one thousand yuan. However, I removed this cost, because we are online friends, but just between you and me. If my boss or colleagues knows this, I will be.... I do so is destructing the line regulation. .....

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