Crucial advices on trading or investing in China
Post 1 of 66
Ladies and Gentlemen::
As a Chinese lawyer, I did plenty of cases relating with international trade and investment , according to my legal experience , I write following advices . I hope it is useful for you .
1.Before signing a contract, you should ask your partner to fax a copy of business certificate and ID card of legal representative of the company .
Reason: After the dispute happens , if you take legal action Chinese Court ask plaintiff to submit the certificate of defendant ,otherwise ,the court will refuse to to place the case on file for investigation and prosecution
2Before signing a contract, you should entrust a Chinese lawyer to do legal search on your partner in government apparatus.
Reason: some company trade with others using fake certificate, once they get money they will disappear. By doing search in government apparatus, you can make sure the true status of your partner. In China, Only lawyer has the right to investigate in government apparatus.
3. You should stipulate the place where the dispute should be arbitrated if disputes happen between you and your partner .
Reason: According to Chinese law, the person(s) involved in the contract has the right to stipulate where and which organization to arbitrate the dispute. If there is no arbitration clause in the contract, the case is under the jurisdiction of the court where defendant lives ,which is disadvantage for the plaintiff.
4.If dispute happens , it should be settled in time . If there is no agreement can be reached , you should take legal action in time .
Reason: Some company transfer property secretly after dispute happens, even you win the case ,there is no property can be executed.
Thanks & Best Regards,
Sammy Lee
05 Feb 2008 20:18
Post 2 of 66
Replying to [lawyer Lee]:
If you have any question you can contact me , there are my personal information in
16 Feb 2008 08:44
Post 3 of 66
Quoting from [lawyer Lee]:
Ladies and Gentlemen::
As a Chinese lawyer, I did plenty of cases relating with international trade and investment , according to my legal experience , I write following advices . I hope it is useful for you .
1.Before signing a contract, you should ask your partner to fax a copy of business certificate and ID card of legal representative of the company .
Reason: After the dispute happens , if you take legal action Chinese Court ask plaintiff to submit the certificate of defendant ,otherwise ,the court will refuse to to place the case on file for investigation and prosecution
2Before signing a contract, you should entrust a Chinese lawyer to do legal search on your partner in government apparatus.
Reason: some company trade with others using fake certificate, once they get money they will disappear. By doing search in government apparatus, you can make sure the true status of your partner. In China, Only lawyer has the right to investigate in government apparatus.
3. You should stipulate the place where the dispute should be arbitrated if disputes happen between you and your partner .
Reason: According to Chinese law, the person(s) involved in the contract has the right to stipulate where and which organization to arbitrate the dispute. If there is no arbitration clause in the contract, the case is under the jurisdiction of the court where defendant lives ,which is disadvantage for the plaintiff.
4.If dispute happens , it should be settled in time . If there is no agreement can be reached , you should take legal action in time .
Reason: Some company transfer property secretly after dispute happens, even you win the case ,there is no property can be executed.
Thanks & Best Regards,
Sammy Lee
Mr. Lee -Thank you for the invaluable insights. Is China a signatory of the United Nations Convention on Contracts For The International Sale of Goods (CISG)? If China is, do you still have to stipulate where the dispute should be arbitrated?
17 Feb 2008 23:45
Post 4 of 66
Replying to [stcintl]:
Dear stcintl:
Thanks for your reply
China is a signatory of the CISG,but according to Chinese law ,the CISG"may" not"must" apply to contract of international trade.
parties involved in the contract may stipulate where and which organization the distribute should be arbitrated. If there is no agreement of arbitration , Chinese court exercises jurisdiction over the distribute.
Dear stcintl:
Thanks for your reply
China is a signatory of the CISG,but according to Chinese law ,the CISG"may" not"must" apply to contract of international trade.
parties involved in the contract may stipulate where and which organization the distribute should be arbitrated. If there is no agreement of arbitration , Chinese court exercises jurisdiction over the distribute.
20 Feb 2008 17:47
Post 5 of 66
Replying to [lawyer Lee]:
If you have any question related with Chinese law , you can post here or visit my Blog. http://sammy7768.blogcn.com/index.shtml
If you have any question related with Chinese law , you can post here or visit my Blog. http://sammy7768.blogcn.com/index.shtml
03 Mar 2008 00:11
Post 6 of 66
Replying to [lawyer Lee]:
Ministry of Commerce released announcement on Mar 9, 2007, deciding to carry out anti-dumping investigation on dimethyl ketone (hereinafter referred to “investigated commodity”) originating from Japan, Singapore, Republic of Korea and Taiwan Region with a tariff code of 29141100 in Import and Export Tariff of the People’s Republic of China.
In accordance with item No. 26 of Anti-dumping Regulations of the People’s Republic of China, Ministry of Commerce decides to prolong the anti-dumping investigation for another 3 months due to particularity and complexity of this case, which means the anti-dumping investigation shall not be terminated until Jun 9, 2008
Ministry of Commerce released announcement on Mar 9, 2007, deciding to carry out anti-dumping investigation on dimethyl ketone (hereinafter referred to “investigated commodity”) originating from Japan, Singapore, Republic of Korea and Taiwan Region with a tariff code of 29141100 in Import and Export Tariff of the People’s Republic of China.
In accordance with item No. 26 of Anti-dumping Regulations of the People’s Republic of China, Ministry of Commerce decides to prolong the anti-dumping investigation for another 3 months due to particularity and complexity of this case, which means the anti-dumping investigation shall not be terminated until Jun 9, 2008
14 Mar 2008 22:54
Post 7 of 66
Replying to [lawyer Lee]:
Thanks a lot ,your advice is very useful to our company .
Thanks a lot ,your advice is very useful to our company .
21 Mar 2008 00:40
Post 8 of 66
Quoting from [lawyer Lee]:
Replying to [lawyer Lee]:
If you have any question related with Chinese law , you can post here or visit my Blog. http://sammy7768.blogcn.com/index.shtml
I sent a email to you , I have some problem in Shenzhen Guangdong province. I need your help . I read articles in your blog , they are of great help to our company.
06 Apr 2008 20:03
Post 9 of 66
Quoting from [American wind]:Quoting from [lawyer Lee]:
Replying to [lawyer Lee]:
If you have any question related with Chinese law , you can post here or visit my Blog. http://sammy7768.blogcn.com/index.shtml
I sent a email to you , I have some problem in Shenzhen Guangdong province. I need your help . I read articles in your blog , they are of great help to our company.
Thanks. It`s my pleasure
14 Apr 2008 06:15
Post 10 of 66
Quoting from [American wind]:Quoting from [lawyer Lee]:
Replying to [lawyer Lee]:
If you have any question related with Chinese law , you can post here or visit my Blog. http://sammy7768.blogcn.com/index.shtml
I sent a email to you , I have some problem in Shenzhen Guangdong province. I need your help . I read articles in your blog , they are of great help to our company.
I received your email,and replied to you by email
17 Apr 2008 08:45
Post 11 of 66
Quoting from [lawyer Lee]:
Ladies and Gentlemen::
As a Chinese lawyer, I did plenty of cases relating with international trade and investment , according to my legal experience , I write following advices . I hope it is useful for you .
1.Before signing a contract, you should ask your partner to fax a copy of business certificate and ID card of legal representative of the company .
Reason: After the dispute happens , if you take legal action Chinese Court ask plaintiff to submit the certificate of defendant ,otherwise ,the court will refuse to to place the case on file for investigation and prosecution
2Before signing a contract, you should entrust a Chinese lawyer to do legal search on your partner in government apparatus.
Reason: some company trade with others using fake certificate, once they get money they will disappear. By doing search in government apparatus, you can make sure the true status of your partner. In China, Only lawyer has the right to investigate in government apparatus.
3. You should stipulate the place where the dispute should be arbitrated if disputes happen between you and your partner .
Reason: According to Chinese law, the person(s) involved in the contract has the right to stipulate where and which organization to arbitrate the dispute. If there is no arbitration clause in the contract, the case is under the jurisdiction of the court where defendant lives ,which is disadvantage for the plaintiff.
4.If dispute happens , it should be settled in time . If there is no agreement can be reached , you should take legal action in time .
Reason: Some company transfer property secretly after dispute happens, even you win the case ,there is no property can be executed.
Thanks & Best Regards,
Sammy Lee
Dear Lawyer Lee
Our comapny signed a contract with a Chinese company in English , Is it better to sign
a contract in Chinese.
waiting for your reply
Thanks
20 Apr 2008 20:03