China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

If Your Chinese Debtor Repays in Non-RMB Currency, How Does Chinese Court Calculate Default Interest?-CTD 101 Series

Mon, 26 Jun 2023
Editor: C. J. Observer

When a Chinese debtor owes you money denominated in USD, EUR, JPY or other currencies, how should you ask him to pay the default interest?

This post was first published in CJO GLOBAL, which is committed to providing consulting services in China-related cross-border trade risk management and debt collection. We will explain how debt collection works in China below.

Imagine the debtor needs to refund you for your payment in dollars or compensate you for your losses in euros, but he fails to pay you when the payment deadline is due.

For the overdue payment, if you have agreed on the calculation of default interest for overdue payment in the contract, you can demand that the debtor pays default interest (interest for late payment) in accordance with the calculation method stated in the contract.

However, what if you have not agreed on the method for calculating default interest?

According to China’s judicial policy, you can calculate the default interest at the Chinese banks’ interest rate for the same type of foreign currency loan over the same period.

However, Chinese banks have a variety of loan products, and it is still uncertain which product’s default interest rate will prevail.

 

 

* * *

Do you need support in cross-border trade and debt collection?

CJO Global's team can provide you with China-related cross-border trade risk management and debt collection services, including: 
(1) Trade Dispute Resolution
(2) Debt Collection
(3) Judgments and Awards Collection
(4) Bankruptcy & Restructuring
(5) Company Verification and Due Diligence
(6) Trade Contract Drafting and Review

If you need our services, or if you wish to share your story, you can contact our Client Manager Susan Li (susan.li@yuanddu.com).

If you want to know more about CJO Global, please click here.

If you want to know more about CJO Global services, please click here.

If you wish to read more CJO Global posts, please click here.

 

 

Photo by Alexander Mils on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China’s Wenzhou Court Recognizes a Singapore Monetary Judgment

In 2022, a local Chinese court in Wenzhou, Zhejiang Province, ruled to recognize and enforce a monetary judgment made by the Singapore State Courts, as highlighted in one of the typical cases related to the Belt and Road Initiative (BRI) recently released by China’s Supreme People’s Court (Shuang Lin Construction Pte. Ltd. v. Pan (2022) Zhe 03 Xie Wai Ren No.4).

SPC Issues Judicial Interpretation on Ascertainment of Foreign Law

In December 2023, China’s Supreme People’s Court issued a judicial interpretation on the ascertainment of foreign law, providing comprehensive rules and procedures for Chinese courts, aiming to address difficulties faced in foreign-related trials and improve efficiency.