China published a landmark judicial policy on enforcement of foreign judgments in 2022. This post addresses the criteria for Chinese courts to review applications for recognition and enforcement of foreign judgments.
You’d better not turn your back on your deals with Chinese suppliers. You shall terminate your contract in accordance with reasonable procedures.
When you make payments to Chinese suppliers, they may ask you to pay to several different bank accounts that may not belong to themselves.
First things thing, you need obtain its legal Chinese name. Then you need have a check up on the offcial website of the Chinese company registration authority, to see whether the company is legit.
China’s Supreme People’s Court elaborated on how Chinese courts would handle cases involving the recognition and enforcement of foreign judgments in a conference summary, embarking on a new era for judgment collection in China.
If the contents of the purchase order or contract between you and the Chinese supplier are very simple, a Chinese court may refer to China’s Contract Law to interpret your transaction between the Chinese supplier.
You should verify a Chinese company before entering into a contract to avoid dealing with a dishonest judgment debtor who has lost the capability to perform contracts.
If you believe that the Chinese company does not comply with the NNN agreement, you may resolve the dispute via arbitration outside of China and enforce the arbitral award in China.
Absolutely Yes. Anything stamped with the official company seal is considered to be on behalf of the company’s will in China.
The Certificate of Registration for Chinese companies is called Business License (营业执照, Ying Ye Zhi Zhao). The business license contains basic information that a Chinese company should disclose to the public.
You need to determine where you are going to sue, and what law is applicable to your case. If you are planning to file a lawsuit in China, then we have prepared 8 tips for you in this article to help you evaluate your potential legal action.
You have to prove the specific transaction agreed in the contract during the lawsuit in China.
You can publish a notice in a provincial or national newspaper in China, or in the People’s Court Daily(人民法院报) of the Supreme People’s Court of China.
What evidence should you prepare? Documentary evidence (physical documents), electronic documents, and recordings are all necessary in this regard.
Good news for the creditors with a US judgment! Now, American civil/commercial judgments are highly likely to be recognized and enforced in China.
You should perform verification or due diligence on a Chinese supplier to find out whether he/it has the capability to perform contracts before you make a contract with the supplier. You can ask us for free verification service.
There are three things you can do to get your deposit or advance payment back from a defaulting or fraudulent Chinese company: (1) negotiate a refund, (2) claim liquidated damages, or (3) terminate the contract or order.
If you get a winning judgment or arbitral award, and the property that can be used to repay debts is located in China, then the first thing you need to know is the enforcement mechanism in the Chinese courts.
The legal representative of the Chinese company, whose name is on its business license, can sign the contract on behalf of the company.
Only three steps to follow. You need the business license and official seal of this Chinese company and check its current status on the Chinese government website.
