This allows you to identify exactly which company is the defendant.
No, You can’t, but you can handle this in other ways.
If you know in advance which factory the trader represents, you can only sue the factory. If not, you can choose to sue either the trader or the factory.
In China, you can usually only sue the supplier, not the agent.
Be Cautious when you use a contract template, otherwise, this may lead to an awkward situation where you have to apply for arbitration to an institution out of nowhere.
If you don’t have a contract with the seal of this Chinese company, this Chinese company may deny having transacted with you.
In China, court fees and attorney fees depend on the amount of your claim. But some fees are fixed, namely the cost of notarization and authentication of some documents in your country.
The party presenting evidence shall pay the translation fee first, and then the losing party shall bear it.
Ten Q&As on China’s civil litigation in one minute
Yes, foreign judgments can be forced in China.
When most people plan to sue in China, they think of court costs and attorney fees, but often ignore notarization and authentication costs.
International business partners are getting increasingly accustomed to using WhatsApp or WeChat to reach an agreement, send orders, modify transaction conditions and confirm performance.
When you decide to sue a Chinese company, where will you file the lawsuit? China or your own country, provided that both have jurisdiction over your case?
If you believe that the Chinese company does not comply with the NNN agreement, you may resolve the dispute via arbitration outside of China and enforce the arbitral award in China.
You need to determine where you are going to sue, and what law is applicable to your case. If you are planning to file a lawsuit in China, then we have prepared 8 tips for you in this article to help you evaluate your potential legal action.
You have to prove the specific transaction agreed in the contract during the lawsuit in China.
What evidence should you prepare? Documentary evidence (physical documents), electronic documents, and recordings are all necessary in this regard.
Good news for the creditors with a US judgment! Now, American civil/commercial judgments are highly likely to be recognized and enforced in China.
You should perform verification or due diligence on a Chinese supplier to find out whether he/it has the capability to perform contracts before you make a contract with the supplier. You can ask us for free verification service.
There are three things you can do to get your deposit or advance payment back from a defaulting or fraudulent Chinese company: (1) negotiate a refund, (2) claim liquidated damages, or (3) terminate the contract or order.