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Tue, 14 Dec 2021 China Law in One Minute Meng Yu 余萌
You can claim debt recovery from its shareholders. Normally, due to the very nature of companies (legal persons), it is very difficult for you to claim debt recovery from a Chinese company’s shareholders. Once the company is canceled, however, you will have opportunities to do so.
Tue, 14 Dec 2021 China Law in One Minute Meng Yu 余萌
You are entitled to unilaterally terminate a contract with a Chinese company only if the conditions for rescission as agreed in the contract or under Chinese law mature. Otherwise, you can only terminate the contract with the consent of the other party.
Tue, 14 Dec 2021 China Law in One Minute Meng Yu 余萌
Can I initiate arbitration proceedings against Chinese companies in my country and then have the awards enforced in China? You probably don’t want to go to faraway China to sue a Chinese company, and you don’t want to agree in the contract to submit the dispute to an arbitration institution that you don’t know about.
Tue, 14 Dec 2021 Insights Meng Yu 余萌
Most likely, you don't want to have to go so far away as to sue a Chinese company. You may just want to take your case to the court on your doorstep because you are more familiar with your home state.
Tue, 07 Dec 2021 China Law in One Minute Meng Yu 余萌
Most of the foreign arbitral awards are enforceable in China. In 2019, the foreign arbitral awards are recognized and enforced, with a success rate of 87.5%. In 2018, the success rate is 87.5% too.
Tue, 07 Dec 2021 China Law in One Minute Meng Yu 余萌
You should state in your contract such loss may be incurred in advance. As such, at least you should inform the supplier of such loss in the course of execution of the contract and seek his/her consent.
Tue, 07 Dec 2021 China Law in One Minute Meng Yu 余萌
Chinese courts prefer to accept written contracts with the parties’ signatures. However, with certain preparations made, contracts and orders confirmed by emails may still be accepted by Chinese courts.
Tue, 07 Dec 2021 China Law in One Minute Meng Yu 余萌
If you find a China supplier'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. All Chinese individuals and enterprises have their legal names in Chinese, and they have no legal or standard names in foreign languages.
Wed, 01 Dec 2021 China Law in One Minute Meng Yu 余萌
In some Chinese local courts, you may find judges lack commercial knowledge, flexibility and time to understand transactions beyond the contract text.
Wed, 01 Dec 2021 China Law in One Minute Meng Yu 余萌
You are very likely not to file a lawsuit with a court in Beijing or Shanghai, but in a city with many factories, an airport, or a seaport hundreds of kilometers or thousands of kilometers away. It means that the elite lawyers gathered in Beijing and Shanghai may not be able to help you any better.