Court Costs VS Arbitration Costs in China
In China, courts charge much less than arbitration institutions. But if there is an appeal, the cost of litigation is not much cheaper than the cost of arbitration.
Litigation in China
Sue a Company in China: What Evidence Strategy Should You Adopt in a Chinese Court?
You should prepare sufficient documentary evidence prior to filing a lawsuit, preferably provided or presented by the other party. In some cases, you can also rely on the court to collect evidence for you.
What Are Court Costs in China?
Roughly speaking, if you claim USD 10,000, the court cost is USD 200; if you claim USD 50,000, the court cost is USD 950; if you claim USD 100,000, the court cost is USD 1,600.
Suing in China vs Suing in Other Countries: Pros and Cons
When your Chinese suppliers or distributors defraud or default, where will you file the lawsuit? China or somewhere else (eg. the place of your domicile), provided that both have jurisdiction over your case? To answer these questions, we need to compare the litigation in China with that in other countries.
3 Things You Have to Know About How Chinese Judges Think in Commercial Litigation
Chinese judges lack commercial knowledge, flexibility and time to understand transactions beyond the contract text.
Sue a Company in China: Who Can Give Me a Lawyer-Network in China?
You are very likely not to file a lawsuit with a court in Beijing or Shanghai, but in a city with many factories, an airport, or a seaport hundreds of kilometers or thousands of kilometers away. It means that the elite lawyers gathered in Beijing and Shanghai may not be able to help you any better.
Sue a Company in China: How Much Does It Cost?
The costs you need to pay mainly include three items: Chinese court costs, Chinese attorney’s fees and the cost of notarization and authentication of some documents in your country.
8 Tips on How to Sue a Company in China
You can sue a company in a Chinese court. Even if you are not in China, you can still do so with the help of Chinese lawyers. To get prepared, you need to know, to start with, whom you can sue and then identify its legal name in Chinese, as well as the address thereof.
Sue a Company in China: What Documents Do I Need to Prepare to File a Lawsuit in China?
Apart from pleadings and evidence, foreign companies in Chinese courts need to complete a series of formalities, which can sometimes be somewhat cumbersome. Therefore, it is necessary to spare sufficient time and costs to get ready.
Do I Have the Legal Right (Standing) To Sue When a China-Related Trade Dispute Arises?
As long as you are ‘directly affected’ pursuant to Chinese law, you may file a lawsuit with the court. First, you must be directly affected by the defendant. Second, you must be a natural person or a legal entity.
Where Should I Sue When a China-Related Trade Dispute Arises?
You need to identify the address of the person or business you want to sue when preparing and filing a complaint before Chinese courts.
Whom Should I Sue When a China-Related Trade Dispute Arises?
You need to know whom you can sue and then identify its legal name in Chinese.
Arbitration vs. Litigation: Which Is Better in Resolving Disputes With Business Partners in China
The most important difference between litigation and arbitration in China is that judges and arbitrators have different ways of thinking.
If I Am Not in China, Can I Still File a Lawsuit With Chinese Courts?
YES, but you need to hire a Chinese lawyer to file a lawsuit with Chinese courts on your behalf.
Can I File a Lawsuit With Chinese Courts?
Certainly YES. As long as the Chinese court has jurisdiction over the case in question, foreigners or foreign enterprises, like any other Chinese litigant, can file a lawsuit with Chinese courts.
