In 2021, due to lack of jurisdiction, a Chinese court in Liaoning Province ruled to dismiss applications for enforcing three South Korean judgments in KRNC v. CHOO KYU SHIK (2021).
It means enforcing foreign judgments in China will not be much harder than that in other foreign judgments friendly countries.
In practice, as an agency specializing in China-related debt collection, we have noticed that small and medium-sized enterprises (SMEs) are often more likely to get into situations where they are owed money by their Chinese partners.
You only need to prepare proof of identity, proof of intellectual property rights (IPR) and proof of authorization.
In 2021, Xiamen Maritime Court of China ruled to recognize a Singaporean insolvency order in In re Xihe Holdings Pte. Ltd. et al. (2020), providing an example of how Chinese courts recognize foreign bankruptcy judgments based on the principle of reciprocity.
The webinar ‘Cross-border Commercial Dispute Resolution – HCCH 2005 Choice of Court and 2019 Judgments Conventions’ will take place on Wednesday, July 27 between 3 to 6pm (Singapore time). This event is organized jointly by the Asian Business Law Institute (ABLI) and the Permanent Bureau of the Hague Conference on Private International Law (HCCH).
In international trades, many traders do not always use formal contracts when doing business in China. Instead, they use simple purchase orders (POs) and proforma invoices (PIs), which do not cover all the details of the transaction.
What do you do as a creditor if you have a winning judgment against your debtor in a country other than the one where the debtor has assets or is located?
Is the Chinese company still in operation? Does it have any business in the last year? Does it have any regular income?
Finality matters. In 2020, Wuxi Intermediate People’s Court of China dismissed an application for enforcing a US judgment, due to the lack of finality, in Wuxi Luoshe Printing & Dyeing Co. Ltd. v. Anshan Li et al. (2017).
Can I sue Chinese companies in Spain and then enforce an Spanish judgment in China?
If you find products infringing your IPR on Taobao, Tmall, 1688.com, AliExpress and Alibaba.com, you can file a complaint with Alibaba and ask Alibaba to remove the product links.
Have you ever encountered with the situation where the lawyers appointed by China Export & Credit Insurance Corporation (hereinafter referred to as “SINOSURE”) to collect the payment for goods from you?
In March 2022, Shanghai Maritime Court ruled to recognize and enforce an English judgment in Spar Shipping v Grand China Logistics (2018), marking the first time that an English monetary judgment has been enforced in China based on reciprocity.
When people talk about the need to find a Chinese lawyer, what he actually needs is a network of Chinese lawyers.
In cooperation with four law firms from China and Germany -Tian Yuan Law Firm, Dentons Beijing, YK Law Germany, and DRES. SCHACHT & KOLLEGEN, CJO GlOBAL organized the webinar ‘German-China Debt Collection: Enforcing Foreign Judgments & Arbitral Awards’ on 27 May 2022.
If you fail to collect your debt at the amicable collection stage, the next step is to initiate legal proceedings.
Can I sue Chinese companies in Italy and then enforce an Italian judgment in China?
Yes, the Chinese court in Wenzhou, Zhejiang Province, enforced an Italian judgment in 2021, upholding the claim of the judgment creditor’s successor (Ye Aiwen v. Chen Tihu (2019)).
