Be Cautious with Contract Templates, as It May Lead Failure to Recover Debts
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.
China-Related Cross-Border Trade Dispute Resolution
How to Spot a Fake Chinese Company?
In practice, there are four common types of fake companies: non-existent companies, companies with abnormal business operations, companies with no previous business, and companies in no community.
SPC Issues New Policy on Recognition and Enforcement of Foreign Arbitral Awards
China’s Supreme People’s Court elaborated on how Chinese courts apply the New York Convention when handling cases involving the recognition and enforcement of foreign arbitral awards, in a conference summary issued in December 2021.
How to Spot Fraud and Default When Purchasing Steel from China?
A number of customers have been defrauded in the purchase of steel from China.
2022 Guide to Enforce BVI Judgments in China
Can I sue Chinese companies in the British Virgin Islands and then enforce a BVI court judgment in China?
Is Amicable Debt Collection Legal in China?
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.
Do Chinese Courts Favour State-Owned Enterprises in Enforcing Foreign Judgments?
Do Chinese courts favour state-owned enterprises (SOEs) in enforcing foreign judgments? Very unlikely.
2022 Guide to Enforce Canadian Judgments in China
Can I sue Chinese companies in Canada and then enforce a Canadian court judgment in China?
Forestalling Chinese Corporate Fraud: Having Shareholders Guarantee the Company?
Shareholders who have actual control over the company should not be under the shield of the company’s limited liability.
Incoterms CIF: Should Buyers Pay THC at Destination Port?
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”).
2022 Guide to Enforce Australian Judgments in China
Can I sue Chinese companies in Australia and then enforce an Australian court judgment in China?
White Paper on International Arbitration and Chinese Enterprises
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.
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?
How to Use Recordings as Evidence in Litigation 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.
How Offshore Investors of Chinese Bonds Collect Debts?
One way is to start by suing an individual guarantor (who is normally the de facto controller of the debtor).
2022 Guide to Enforce New Zealand Judgments in China
Can I sue Chinese companies in New Zealand and then enforce a New Zealand judgment in China?
How to Use Emails as Evidence in Litigation 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.
What Happens to a Chinese Enterprise’s Shareholders if It Goes Bankruptcy?
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.
How Chinese Judges Recognize Foreign Bankruptcy Judgments
In 2021, Xiamen Maritime Court ruled, based on the principle of reciprocity, to recognize the order of the High Court of Singapore, which designated an insolvency officeholder. The trial Judge shares his view on reciprocity review in applications for recognition of foreign bankruptcy judgments.
Prep Checklist for Enforcing Foreign Judgments in China
Ready to enforce a foreign judgment in China? Let us start with the Prep Checklist.