No. After the documents are received, they will be registered with a number, and then processed.
If you know in advance which factory the trader represents, you can only sue the factory. If not, you can choose to sue either the trader or the factory.
Doing business with a large business trader may be better than directly with a small manufacturer.
Usually, it takes 4 to 6 months to finish one service.
It will impede the enforcement of this judgment in China, says the Ministry of Justice (MOJ). And the MOJ is not bluffing.
No. The Ministry of Justice is the only legal authority to receive requests for service of judicial document from abroad.
In China, you can usually only sue the supplier, not the agent.
Under the Hague Service Convention, this is how the service of judicial documents issued by the foreign judicial authority works in China.
If I pay a Chinese supplier from my bank account A, can I ask the Chinese company to pay to my bank account B when it refunds me?
There is usually no obstacle if a Chinese company refunds you using its foreign funds. However, if it makes a payment to you outside China using its domestic funds, the payment shall be subject to foreign exchange control of China.
Yes. If you send a demand letter to your Chinese debtor, you can improve the success rate of debt collection, although it is not guaranteed every time.
Be Cautious when you use a contract template, otherwise, this may lead to an awkward situation where you have to apply for arbitration to an institution out of nowhere.
In China, any institution can engage in debt collection activities without a license from the government. However, collecting the financial debt (mainly consumer debt) shall observe certain rules. There are no special restrictions for collecting commercial debt, i.e., non-financial debt.
No. Sellers shall pay the cost of Terminal Handling Charges (THC) according to the International Rules for the Interpretation of Trade Terms 2010 (2010年国际贸易术语解释通则) (“Incoterms 2010”).
China International Economic and Trade Arbitration Commission (CIETAC), the Singapore International Arbitration Center (SIAC) and the International Arbitration Court of the International Chamber of Commerce (ICC) have administered a large number of international arbitration cases involving Chinese enterprises.
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).
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.
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.
