2022 Guide to Enforce United Kingdom Judgments in China
Can I sue Chinese companies in the UK and then enforce a British judgment in China?
Can I sue Chinese companies in the UK and then enforce a British judgment in China?
The recording of your conversation, though recorded without your permission, may well be submitted as evidence in Chinese courts. This may be quite different from the rules of evidence in some other countries.
One way is to start by suing an individual guarantor (who is normally the de facto controller of the debtor).
Can I sue Chinese companies in New Zealand and then enforce a New Zealand judgment in China?
Email is the main communication tool in cross-border transactions. It is common, for instance, for many international trade contracts to be concluded, modified, performed or terminated directly by emails.
When a Chinese enterprise is adjudged bankrupt, it generally means that its assets are insufficient to pay off all its debts, so its shareholders cannot recover their capital contributions through bankruptcy procedures.
Ready to enforce a foreign judgment in China? Let us start with the Prep Checklist.
If your debtor defaults on a debt, you can take a lien on the debtor’s chattels (movable property) that you have legal possession of. In other words, the seller can retain ownership of the goods if the buyer fails to pay the price or perform other obligations as scheduled.
The management of the enterprise shall cooperate with the bankruptcy administrator and may be prohibited from serving as executives of other enterprises.
Can I sue Chinese companies in Türkiye and then enforce a Turkish judgment in China?
Can Brazilian judgments be recognized and enforced in China?
Payment from a debtor in China is usually made by telegraphic transfer (T/T).
Your Chinese debtor can no longer pay off its debts to you alone. You shall be paid together with all of its creditors. You also need to declare your creditor rights to its bankruptcy administrator.
It will lose control over its assets and management, and will no longer be able to pay off any particular debt independently.
Because it might deny afterward that it was its account, and thus that it received your payment.
Chinese courts will not recognize and enforce a foreign judgment if it is found that the foreign judgment violates basic principles of Chinese law or violates the public interest of China, no matter whether it reviews the application in accordance with the conditions set by the international or bilateral treaties, or on the basis of reciprocity.
The judgments of most of China’s major trading partners, including almost all common law countries as well as most civil law countries, can be enforceable in China.
If you don’t have a contract with the seal of this Chinese company, this Chinese company may deny having transacted with you.
The examination procedure of the court for accepting bankruptcy cases can be summarized into four stages: applying for bankruptcy, conducting formal examination, accepting the application and accepting the bankruptcy case.
2022 Guide to Enforce South Korean Judgments in China