In cooperation with two law firms from Portugal and China – Serra Lopes, Cortes Martins & Associados (SLCM) and Tian Yuan Law Firm, CJO GlOBAL organized the webinar ‘Portugal-China Debt Collection: Enforcing Foreign Judgments’ on 11 Oct 2022.
Can Brazilian judgments be recognized and enforced in China?
Payment from a debtor in China is usually made by telegraphic transfer (T/T).
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.
A study on how the CISG is applied by CIETAC sheds light on the ins and outs of its application in arbitration in China.
During the recognition-enforcement procedure, creditor has the right to demand interlocutory injunction from the authorized court, to seize and freeze the debtor’s movable and immovable assets.
The Agenda is out! Join two industry leaders from Italy and China, as they share their insights on debt collection in Italy and China. It all comes down to how to make use of the practical strategies, methods, and tools which we will explore together with you.
Monday, 21 November 2022, 9:00-10:00 Nigeria Time (GMT+1)/16:00-17:00 Beijing time (GMT+8)
CJP Ogugbara, Founding Partner of CJP Ogugbara & Co (Sui Generis Avocats, Nigeria), Maduka Onwukeme, Founding Partner of ELIX LP (Nigeria) and Chenyang Zhang, Partner of Tian Yuan Law Firm (China), will discuss the legal landscape of debt collection in Nigeria and China. Tune in for best practices and to hear their first-hand experiences and insights in this industry.
It will lose control over its assets and management, and will no longer be able to pay off any particular debt independently.
Because it might deny afterward that it was its account, and thus that it received your payment.
Chinese courts will not recognize and enforce a foreign judgment if it is found that the foreign judgment violates basic principles of Chinese law or violates the public interest of China, no matter whether it reviews the application in accordance with the conditions set by the international or bilateral treaties, or on the basis of reciprocity.
A recent study on the Application of the United Nations Convention on Contracts for the International Sale of Goods in Chinese Courts provides a perspective into how Chinese courts apply and interpret the CISG.
There is a slight but important difference between enforcement of a domestic judgement and foreign judgement; foreign judgements needs to be evaluated by the court before the execution of the relevant judgement.
The judgments of most of China’s major trading partners, including almost all common law countries as well as most civil law countries, can be enforceable in China.
If you don’t have a contract with the seal of this Chinese company, this Chinese company may deny having transacted with you.
The Agenda is out! Join two industry leaders from Portugal and China, as they talk about the ins and outs on how to enforce your foreign judgments in Portugal and China, a worthwhile approach that is often overlooked in cross-border debt collection.
The examination procedure of the court for accepting bankruptcy cases can be summarized into four stages: applying for bankruptcy, conducting formal examination, accepting the application and accepting the bankruptcy case.
Yes, a creditor can claim enforcement of a foreign arbitral award against a debtor.
In principle, the respective District Court (“Landgericht”) has jurisdiction, since the dispute is worth more than EUR 5.000,00 in international commercial matters.
2022 Guide to Enforce South Korean Judgments in China
