Being an Expert Witness

As I mentioned in my October post about Borneo, from time to time, I do Expert Witness work for legal cases involving supply chain issues. I have worked on legal cases involving products from China including apparel, glass bottles, drywall, toys and software. This work is fascinating and often takes me to Chinese factories to review their manufacturing processes.

Nearly always, these legal cases are contract disputes over what the American or European buyers expect in terms of standards, quality and schedules versus what the Chinese deliver. So much is lost in translation.
When I am consulting with clients on sourcing in China, I always recommend that all communications are in writing or a conversation is followed up with written notes and emailed to all participants.

In addition, I recommend that face-to-face meetings are a very important component of the communications process to validate that all parties understand one another. This is because you may think you have effectively communicated with your Chinese manufacturer, but there are probably things they do not understand.

In my Expert Witness work, I have examined many documents that include references to standards such as ASTM, UL, CE, RoHS and others. Westerners expect that when they ask for “a certificate stating that these standards have been met,” that the standards will be met. But Chinese often interpret this as simply a request to produce a piece of paper with that statement written on it…that’s all. Much to the horror of the buyer and sometimes people who have been injured by Chinese products, the products are not tested or certified by anyone.

If you are buying products from China or have manufacturing operations there, be sure you are clearly communicating about what it is you expect in terms of standards and quality. Do this by putting everything in writing. Ask if all aspects of the requirements have been made clear. Verify that the standards have actually been met through lab testing or audits. Visit your vendors and manufacturing sites often. Trust, but verify.

SC
MR