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.
Trade Dispute Resolution and Debt Collection in China
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.
Who to Sue in China, the Supplier or Its Agent?
In China, you can usually only sue the supplier, not the agent.
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.
When a Chinese Company Refunds You, Can You Ask For Payment to Another Account?
If I pay a Chinese supplier from my bank account A, can I ask the Chinese company to pay to my bank account B when it refunds me?
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.
Can Demand Letters Improve Success Rate of Debt Recovery in China?
Yes. If you send a demand letter to your Chinese debtor, you can improve the success rate of debt collection, although it is not guaranteed every time.
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 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).
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 a Chinese Enterprise’s management if It Goes Bankruptcy?
The management of the enterprise shall cooperate with the bankruptcy administrator and may be prohibited from serving as executives of other enterprises.
How China Customs Enforces the Export Control Law
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.
How Do Debtors in China Pay in Debt Collection?
Payment from a debtor in China is usually made by telegraphic transfer (T/T).
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.
Application of CISG in Arbitration in China: A Case Study with CIETAC
A study on how the CISG is applied by CIETAC sheds light on the ins and outs of its application in arbitration in China.