Case Analysis: Freight Forwarding Fees Dispute Amidst Civil Unrest

In a Shanghai Maritime Court ruling, a Chinese engineering company’s claim of force majeure due to civil unrest in Yemen was rejected, underscoring that force majeure events must directly relate to specific contractual breaches, establishing a crucial legal precedent.

Risk Management Before Contracting with Chinese Companies in Bulk Commodity Trade

The first step in risk management for bulk commodity trade is to proactively address potential risks before entering into contracts. To minimize risks, businesses must adopt proactive measures to lower, avoid, share, and control risks based on different situations.

Case Analysis of a Soybean Cargo Damage Compensation Dispute in China

The case revolves around a soybean cargo damage compensation dispute, which was adjudicated by the Xiamen Maritime Court. It involved multiple foreign parties (from Brazil, Singapore, Liberia, and Greece), the issuance of an anti-suit injunction in the UK, and London arbitration proceedings.

Liability for Missing Goods at Chinese Ports in International Trade: A Case Study

In international trade, the disappearance of goods at Chinese ports raises questions about the party responsible for the loss. When goods arrive safely at a Chinese port but mysteriously vanish before the customer can claim them, who bears the burden of the resulting losses?

Who Should Sign on behalf of the Foreign Company the Contract with Chinese Companies?

Directors of foreign companies can sign contracts with Chinese counterparts, and the absence of the foreign company’s stamp won’t invalidate the contract, except in cases where specific agreements or the foreign company’s articles of association impose restrictions on the directors’ signing authority.

Can Default Interest Awarded by the Foreign Arbitral Tribunal Be Enforced in China?

Enforcement of default interest awards from foreign arbitral tribunals in China is possible if the arbitration rules give the tribunal discretion to award default interest, and a recent case demonstrates that Chinese courts will support such claims even in the absence of a specific contractual clause on the payment of default interest.