In March 2022, Shanghai Maritime Court ruled to recognize and enforce an English judgment in Spar Shipping v Grand China Logistics (2018), marking the first time that an English monetary judgment has been enforced in China based on reciprocity.
When people talk about the need to find a Chinese lawyer, what he actually needs is a network of Chinese lawyers.
In cooperation with four law firms from China and Germany -Tian Yuan Law Firm, Dentons Beijing, YK Law Germany, and DRES. SCHACHT & KOLLEGEN, CJO GlOBAL organized the webinar ‘German-China Debt Collection: Enforcing Foreign Judgments & Arbitral Awards’ on 27 May 2022.
If you fail to collect your debt at the amicable collection stage, the next step is to initiate legal proceedings.
Can I sue Chinese companies in Italy and then enforce an Italian judgment in China?
Yes, the Chinese court in Wenzhou, Zhejiang Province, enforced an Italian judgment in 2021, upholding the claim of the judgment creditor’s successor (Ye Aiwen v. Chen Tihu (2019)).
When most people plan to sue in China, they think of court costs and attorney fees, but often ignore notarization and authentication costs.
In China, the official company seal or stamp is a symbol of corporate power.
China published a landmark judicial policy on the enforcement of foreign judgments in 2022. This post addresses the ex ante internal approval and ex post filings – a mechanism designed by China’s Supreme Court to ensure impartiality in enforcing foreign judgments.
Can I sue Chinese companies in a district court in California, the U.S., or in Paris, France, and then enforce a judgment in China from those courts?
Firstly, these are actions that you can take on your own in the event of a late delivery, in case you want to try to push the supplier to deliver or terminate the deal yourself before seeking professional advice.
If you know a China company’s legal name in Chinese, you can initiate an action before a court or file a complaint against it. If not, you cannot do anything.
China published a landmark judicial policy on the enforcement of foreign judgments in 2022. This post addresses the rules on case filing, service of process and withdrawal of application.
The Agenda is out! Join four industry leaders from China and Germany, as they share their insights on the landscape of enforcement of foreign court judgments and arbitration awards. From trends, toolkits + to-do lists for debt collection in both jurisdictions!
Still undecided whether to bring a lawsuit in China?
The English name recorded in MOFCOM’s system of “Record-filing and Registration of Foreign Trade Operator” is the most accurate. The English names record-filed with Chinese banks are also relatively accurate.
Can I ask a Chinese court to order the other party to pay for my attorney’s fees?
China published a landmark judicial policy on the enforcement of foreign judgments in 2022. This post addresses the rules on whether and how applicants may seek interim measures (conservatory measures) in cases of the recognition and enforcement of foreign judgments in China.
Imagine if you buy goods from a Chinese supplier, but the deal fails and the Chinese supplier should return you the advance payment.
