In International trade, you are likely to face different legal problems. One of those legal problems which can adversely affect you and your business is a trade dispute. Now the question that might be coming to your mind is what is a trade dispute. We can explain that in the context of your business. Trade disputes might include:
• Chinese suppliers refuse to deliver, delay the delivery, or/and deny communication
• Chinese suppliers supply low-quality commodities
• Chinese buyers refuse or delay the payment for services and/or goods
• Other trade disputes
We try our best to resolve all trade disputes, including those mentioned above, by providing our excellent trade dispute resolution service in China through our tremendous lawyers who have experience of dozens of years and a proven track record. Our lawyers have won many cases in Chinese courts. Now you might be thinking about how we will help you succeed. We resolve your trade resolution through the different services we provide. Keep this reading this blog to get informed about our services
We notify by claiming against your Chinese supplier or buyer in Chinese on your behalf through phone calls, e-mails, attorney letters, and other means. Our notification service is offered in the best possible manner to ensure that your Chinese buyer or supplier gets fully aware of the claim made by you against them.
Negotiation and settlement
We can facilitate and negotiate a settlement with your Chinese buyer or supplier in China on your behalf. Our negotiation and settlement service will ensure that the trade dispute is resolved in your favor and you get your expected outcome.
If our client refers the trade dispute to mediation, we can contact their Chinese supplier or buyer and the mediators on their behalf to finalize a settlement agreement. In China, Mediation is a private, confidential, and voluntary dispute resolution procedure in which a neutral individual mediator lacks the power to impose a settlement other than the persuasion’s power. A successful mediation helps the parties involved in the trade dispute reach an agreement. Despite being often recognized and supported as having the capability to resolve trade disputes in a confidential, cheap and quick way, mediation remains under-used compared to arbitration. This situation might change in the upcoming times as preferences for quick trade dispute resolution will grow.
Contrary to that, as stated, mediation combined with arbitration or litigation is encouraged. The mediation agreement confirmed by the arbitration tribunal or court and agreed by courts is lawfully binding. Our representatives will ensure that mediation helps resolve the trade dispute in your favor.
Litigation and arbitration
If we find that it is necessary to refer the trade dispute to Chinese arbitration institutions or courts, our experienced lawyers can represent you in such arbitration or litigation. Litigation is a common trade dispute resolution process in China that the Chinese courts handle. With the Chinese legal system based on a civil law system like French and German systems, the litigation procedure in China is usually an inquisitorial one, throughout which the judge takes leading roles throughout the trial and gets actively involved to find facts by questioning the parties. Nevertheless, this procedure is becoming adversarial in recent times. Under the Chinese civil procedural law, there are unique regulations for cross-border litigation which will probably apply to your case, which covers the documents’ formality, the time limit, the trial procedure, jurisdiction and the service procedure. For example, where an external party( organizations, foreign enterprises, stateless persons and foreigners) without residing in China assigns a lawyer or any other individual in China to take part in mail or proceedings or assigns submission of lawyer’s power from areas outside China, the attorney’s power shall apply upon notarization by a notary in that country and verification by the consulate or embassy of China in that nation or authentication formalities’ performance stipulated in the related treaty signed between the country and China.
Litigation is international if the transaction meets at one of the below conditions
• At least one party is foreign
• At least one party habitually lives outside China
• The transaction’s subject matter is situated outside China
• The legal fact that causes the termination, change or establishment of the transaction takes place outside China
• Other situations under which the transaction could be deemed foreign-related.
Arbitration is a private procedure where conflicting parties agree that one or many persons can make an obligatory decision about the dispute after hearing arguments and getting evidence. In an arbitration, the arbitrator considers the dispute’s wrongs and legal rights and engages in decision making. After the arbitrator has made a decision, it is binding on disputing parties regardless of their agreement on it or not. Arbitration is like a court case decided by a judge, except that a procedure does not take place in the court room, and it is not open to the public.
Judgement or award collection
Our work does not end after getting an award or judgment, if your Chinese buyer or supplier refuses to perform their duties thereunder, we can receive the debt on your behalf through the enforcement process and subject them to credit punishment.