China Justice Observer

Mon, 20 Dec 2021 China Law in One Minute Meng Yu 余萌

When your Chinese suppliers or distributors defraud or default, where will you file the lawsuit? China or somewhere else (eg. the place of your domicile), provided that both have jurisdiction over your case? To answer these questions, we need to compare the litigation in China with that in other countries.

Mon, 20 Dec 2021 China Law in One Minute Meng Yu 余萌

If you are required to pay a deposit or make a prepayment before you can get the goods delivered by a Chinese supplier, then you’d better do due diligence on the Chinese supplier beforehand.

Mon, 20 Dec 2021 China Law in One Minute Meng Yu 余萌

You can search the information of the enterprise in China’s National Enterprise Credit Information Publicity System.

Mon, 20 Dec 2021 China Law in One Minute Meng Yu 余萌

If you are required to pay a deposit or make a prepayment before you can get the goods delivered by Chinese suppliers, then you need to beware of moral hazard. The best way is to find a trustworthy company and sign a good contract.

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.

Sat, 11 Dec 2021 China Law in One Minute CJO Staff Contributors Team

National People’s Congress is the highest organ of state power in China.

Tue, 07 Dec 2021 China Law in One Minute CJO Staff Contributors Team

Yes, as of December 31, 2020, there are more than 522,000 lawyers in China.