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.
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?
China’s Export Control Law (ECL) came into effect on 1 Dec. 2020. As it has been almost two years since its implementation, it’s time for us to glimpse how China enforces the ECL.
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.
A study on how the CISG is applied by CIETAC sheds light on the ins and outs of its application in arbitration in China.
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.
A recent study on the Application of the United Nations Convention on Contracts for the International Sale of Goods in Chinese Courts provides a perspective into how Chinese courts apply and interpret the CISG.
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
Due to linguistic specificities of the Chinese language, different companies’ names in Chinese, according to their pronunciation, may be spelled exactly the same in English. It will be difficult for you to make a claim or collect a debt.
If a creditor wishes to apply for bankruptcy of a Chinese debtor, it shall submit the following materials to the court.
