Do Chinese Courts Favour State-Owned Enterprises in Enforcing Foreign Judgments?
Do Chinese courts favour state-owned enterprises (SOEs) in enforcing foreign judgments? Very unlikely.
Do Chinese courts favour state-owned enterprises (SOEs) in enforcing foreign judgments? Very unlikely.
In cooperation with two law firms from Italy and China – KPMG LabLaw and Tian Yuan Law Firm, CJO GlOBAL organized the webinar ‘Italy-China Debt Collection’ on 24 Oct 2022.
Can I sue Chinese companies in Canada and then enforce a Canadian court judgment in China?
Shareholders who have actual control over the company should not be under the shield of the company’s limited liability.
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”).
Can I sue Chinese companies in Australia and then enforce an Australian court judgment in China?
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.
The Agenda is out! Join three industry leaders from Nigeria and China, as they share their insights on the landscape of debt collection in both countries. Tune in for best practices and to hear their first-hand experiences and insights in this industry.
Can I sue Chinese companies in the UK and then enforce a British judgment 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.
One way is to start by suing an individual guarantor (who is normally the de facto controller of the debtor).
Can I sue Chinese companies in New Zealand and then enforce a New Zealand judgment 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.
When a Chinese enterprise is adjudged bankrupt, it generally means that its assets are insufficient to pay off all its debts, so its shareholders cannot recover their capital contributions through bankruptcy procedures.
In 2021, Xiamen Maritime Court ruled, based on the principle of reciprocity, to recognize the order of the High Court of Singapore, which designated an insolvency officeholder. The trial Judge shares his view on reciprocity review in applications for recognition of foreign bankruptcy judgments.
Ready to enforce a foreign judgment in China? Let us start with the Prep Checklist.
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.
The management of the enterprise shall cooperate with the bankruptcy administrator and may be prohibited from serving as executives of other enterprises.
Can I sue Chinese companies in Türkiye and then enforce a Turkish judgment in China?
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.