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For many years, the term “Fortress China” was used to describe Chinese defendants' approach to litigation in the United States.
The difficulties of litigating against a Chinese defendant often begin at the start of litigation, as compliance with the Hague Service Convention is the exclusive means by which service may be accomplished. Under the Hague Service Convention, the summons and complaint must be translated into Chinese, and then the plaintiff must request service of process through the Chinese Central Authority. The entire process can take a good deal of time.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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