Do I Have the Legal Right (Standing) To Sue When a China-Related Trade Dispute Arises?
As long as you are ‘directly affected’ pursuant to Chinese law, you may file a lawsuit with the court.
First, you must be directly affected by the defendant.
You need to figure out whether you have the right to file a lawsuit against the person or business you have a dispute with. To file a lawsuit with the court, you have to be someone directly affected by the legal dispute you are suing about.
For example, you are directly affected if you signed a contract with the defendant who then breached the contract. The term “contract” mentioned here may include a formal contract, or an order placed on the e-commerce website, or just an agreement in email.
Or, you are directly affected if the products made or sold by the defendant injured your physical health or property due to non-conforming quality.
Or, you are directly affected if you found that the defendant infringed your intellectual property rights, such as pirating your works.
Second, you must be a natural person or a legal entity.
Only an “actual legal entity” may start a lawsuit in China.
Do you need support in cross-border trade and debt collection? CJO Global's team can provide you with China-related cross-border trade risk management and debt collection services, including: (1) Trade Dispute Resolution (2) Debt Collection (3) Judgments and Awards Collection (4) Anti-Counterfeiting & IP Protection (5) Company Verification and Due Diligence (6) Trade Contract Drafting and Review If you need our services, or if you wish to share your story, you can contact our Client Manager: Susan Li (firstname.lastname@example.org). If you want to know more about CJO Global, please click here. If you want to know more about CJO Global services, please click here. If you wish to read more CJO Global posts, please click here.
Pingback: Can I Sue a Supplier in China? – CJO GLOBAL
Pingback: 8 Tips on How to Sue a Company in China – CJO GLOBAL