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.
Turkey | What Measures Can a Creditor Take if the Debtor Does Not Enforce the Judgment?
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.
[WEBINAR – AGENDA] Italy-China Debt Collection
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.
[WEBINAR] Nigeria-China Debt Collection: Starting from the Legal Landscape
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.
What Happens to a Chinese Enterprise if It Goes Bankruptcy?
It will lose control over its assets and management, and will no longer be able to pay off any particular debt independently.
A Chinese Company Asks You to Pay to Its Bank Account outside China? It May Be a Scam.
Because it might deny afterward that it was its account, and thus that it received your payment.
Will Foreign Judgments Not Be Enforced in China Due to Public Policy?
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.
Application of the CISG by Chinese Courts
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.
Turkey | Are the Proceedings for the Enforcement of Foreign Judgments the Same as Those for Domestic Judgments?
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.
Can Judgments From My Country Be Enforced in China?
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.
Want to Sue a Chinese Company? Do You Have a Contract under Seal?
If you don’t have a contract with the seal of this Chinese company, this Chinese company may deny having transacted with you.
[WEBINAR – AGENDA] Portugal-China Debt Collection: Enforcing Foreign Judgments
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.
How Do Chinese Courts Examine Bankruptcy Applications?
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.
Turkey | Can a Creditor Claim Enforcement of a Foreign Arbitral Award Against a Debtor?
Yes, a creditor can claim enforcement of a foreign arbitral award against a debtor.
Germany | Which Courts Usually Have Jurisdiction Over International Commercial Disputes?
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
2022 Guide to Enforce South Korean Judgments in China
Why You Need to Know Chinese Supplier’s Legal Name in Chinese?
Due to linguistic specificities of the Chinese language, different companies’ names in Chinese, according to their pronunciation, may be spelled exactly the same in English. It will be difficult for you to make a claim or collect a debt.
How Does Creditor File Bankruptcy for a Chinese Debtor?
If a creditor wishes to apply for bankruptcy of a Chinese debtor, it shall submit the following materials to the court.
Turkey | Can a Creditor Claim Enforcement of a Foreign Judgment Against a Debtor?
Yes, a creditor can claim enforcement of a foreign judgment against a debtor if the requirements given in the Turkish Enforcement Laws are met.
Germany | What Are the Common Reasons for Unsuccessful Debt Collection Attempts?
The most common reason is insolvency of the debtor.