Trade Dispute Resolution and Debt Collection in China
Trade Dispute Resolution and Debt Collection in China

Serving Judgments to China-based Defendants by Mail? Think Twice

It will impede the enforcement of this judgment in China, says the Ministry of Justice (MOJ). And the MOJ is not bluffing.

Can Foreign Judicial Documents Be Served to a Recipient in China by Mail From Abroad? – Service of Process and Hague Service Convention Series (2)

No. The Ministry of Justice is the only legal authority to receive requests for service of judicial document from abroad.

How Foreign Judicial Documents Are Served in China? – Service of Process and Hague Service Convention Series (1)

Under the Hague Service Convention, this is how the service of judicial documents issued by the foreign judicial authority works in China.

How to Deal with Chinese Foreign Exchange Regulation when a Chinese Company Refunds You?

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.

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.

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.

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”).

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.

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 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.

Title Retention and Lien: Two Protection Measures for Debt Settlement in China

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.

What Happens to You if Your Chinese Debtor Goes Bankruptcy?

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.