The Intimidation Factor
Mon Aug 25, 2008 at 12:45 pm By Kyle
There’s no doubt about it now: London has a tough act to follow hosting the summer Games in 2012.
Indeed, the mayor of London recently said, “I think I speak for millions of people in the UK, when I say we have been dazzled, we have impressed, we have been blown away by these Beijing Games but we have not been intimidated. And in our own sweet way, without wasting taxpayers money, I am absolutely convinced that we can do just as well in 2012.”
Despite some obvious detractions, Beijing is clearly basking in the limelight right now and relishing the possibility of intimidating and “showing up” a developed country’s games - and rightfully so.
When faced with a formidable challenger, London’s mayor is sticking to his guns, and to this point being quite respectful. But what happens when doing business in China, a formidable challenger bullies you and doesn’t live up to his side of the bargain?
Steve Dickinson of China Law Blow believes that not succumbing to intimidating Chinese opponents is crucial, especially in regards to taking on the local legal system.
Mr. Dickinson recently represented a Japanese client who was owed a sum of money by a Chinese partner, but in no explicit written terms. When a new contract was agreed upon, and a specific sum of money and date of payment agreed to, Mr. Dickinson pushed for China law jurisdiction for all future proceedings should they become necessary. The Japanese client feared bias in the Chinese court system, but eventually agreed to Mr. Dickinson’s legal plan.
Mr. Dickinson continues: “As we expected, the Chinese party did not pay on the due date. We then hired a local lawyer to file suit in the hometown of the Chinese defendant and as we usually do in commercial litigation, we had the local lawyer seize assets from the defendant in a prejudgment writ of attachment. This required our client post a money bond, which we had arranged in advance using our contacts in the local bonding community. Within three weeks of our filing suit, the Chinese defendant paid all amounts owing, together with interest, court costs and attorneys’ fees.”
Had Mr. Dickinson’s firm bowed to pressure from the client and proceeded with arbitration in Hong Kong, the firm never would have been able to seize assets in prejudgment, which had the desired effect on the defendant of relinquishing payment.
Of course, leaving it to the professionals - in this case lawyers - helps when trying to overcome an intimidating bully. But ultimately, courage is a personal choice – not a consultation.
If you’re on the verge of succumbing to cowardice, check out these modified tips from eHow.com so you don’t:
- Trust yourself. You’ve got enough smart’s to be doing China business, and enough balls to be here already. Rely on those same instincts that got you here and keep truckin’.
- Practice courage. You don’t have to pull someone from a burning building. But you do have to practice being tough in difficult circumstances. Did someone just push to the front of the line? Maybe it’s time to speak up about that.
- When you fail, acknowledge it and move on. Don’t wallow in it or ignore it.
- Never give up. If you decide to dump the China market, make sure that’s because the Indian one is better for you. Don’t pull out because it’s hard.
- Use fear. Heroes are scared too. But they channel its power – perhaps to remind them of what’s at stake if they fail – instead of succumbing to fear.
- Think, and then act. You must risk something to succeed, and thinking alone won’t get you there.
- Read biographies. They’re instructive of how great people overcame obstacles. You’ll probably find that, day to day, you’re similar enough to them.
Oh, and keeping a few Metallica hits handy on the iPod also could help your adrenaline levels.
Make that Ozzy for the mayor of London.



