International Trade Dispute Resolution in China: get affiliated companies to pay

A while ago, I wrote another post disclosing fraudulent international trade practice some Chinese exporters engage themselves in: Again, be aware and vigilant about who you are trading with in China.

So when you are deceived and caught in such fraud and you don’t want to just walk away bruised, you may have to think of a way to recover your loss. Here in…

Again, be aware and vigilant about who you are trading with in China

It is not the first time I write about this topic for foreign companies trading with Chinese seller. You can check on this post “Check out who you are trading with in China“.

An American client recently complained to me about his problem with his Chinese vendor. The client has been purchasing aluminum sheets from the Chinese seller for years and they…

无权处分合同效力与善意取得-以单方处分夫妻共同财产为视角

笔者近期处理的一起离婚后财产分割案件引发了对无权处分合同效力以及善意取得制度的思考。相关法律问题着实让人为难,难怪法学家将“无权处分”称为“法学上的精灵”。

案件情况如下:夫妻婚后购买一套住宅,但仅登记在妻子名下(老公是外国人,没有购买资格)。不久,双方感情破裂,经法院判决离婚。但在离婚诉讼中,因为特殊原因,双方同意夫妻财产离婚之后再行分割。但妻子为隐匿财产,离婚后立即将房产转让给其一个朋友(但无法查证),价格远低于市场价格(可能会有百分三十左右的差价),且同时把一辆高级轿车亦转让给这位朋友。房屋的转让已经完成。…

Sue a Chinese company: tap the pockets of its shareholders and even directors

More than often, when you deal with a Chinese company, supplier, business partner or contractors, you are dealing with a China limited liability company incorporated under China Company Law. As a universal principle, the limited liability doctrine offers the “veil” protection for the shareholders or members of the those limited liability…

最高人民法院关于适用《中华人民共和国物权法》若干问题的解释(一)

 

最高人民法院关于适用《中华人民共和国物权法》若干问题的解释(一)

(2015年12月10日最高人民法院审判委员会第1670次会议通过,自2016年3月1日起施行)
为正确审理物权纠纷案件,根据《中华人民共和国物权法》的相关规定,结合民事审判实践,制定本解释。…

Issues related to sale of Chinese properties by foreign corporate owners

I have been helping foreign owners in selling more than a dozen of their Chinese properties in the past years. In practice, there is no big roadblock on the way including the final step of converting and repatriating their sale proceeds denominated in Chinese currency, namely, Renminbi, or RMB.

However, sale of China properties owned by foreign companies…

中国公司法下的股东知情权诉讼的注意要点

下述文字是助理律师张雅璐的法律研究结果。对股东行使知情权要求查询公司财务状况的诉讼的要点问题进行归纳和总结

所引述的案例如下:

Case1:李淑君、吴湘、孙杰、王国兴诉江苏佳德置业发展有限公司股东知情权纠纷案

Case2:上海联华新新超市有限责任公司与上海新吴淞商贸总公司股东知情权纠纷上诉案…

the Pitfall of Period of Challenge in the case of Termination of Contract in China

A typical contract dispute is that one party unilaterally rescinds a valid contract by serving a termination notice to the other party citing some or no reasons. This drastic action often causes turmoil and substantial loss to the other party.

What can the non-terminating party do when caught in such a situation under Chinese contract laws? The answer is not…

How to fire a general manager of a Company in China?

I. Basic Facts and Legal Concepts in the Ongoing Case

Shanghai Jahwa Corporation, a listed public company in China, was not happy with its general manager in an internal corporate struggle, so Jahwa’s board of directors made a decision in May of 2014 to fire the general manager citing the manager’s personal responsibility for loopholes in Jahwa’s…

Previous CIETAC Shanghai now assured of its jurisdiction over arbitration cases after changing name

Many may be aware of the row between CIETAC Shanghai (now Shanghai International Arbitration Center) and CIETAC headquarter in Beijing.

For long, CIETAC Shanghai is operating as a branch office, and under the instructions of CIETAC headquartered in Beijing. But disputes erupted in 2012 when CIETAC revised its arbitration rules with CIETAC Shanghai claiming…

File a lawsuit in China: begin with the right claims

This is a good lesson to be learned by legal professionals in China, and foreign law firms and lawyers instituting arbitration proceeding in China shall also bear this in mind.

Here is the true story: a seller and a buyer entered into a trademark transfer agreement pursuant to which the seller agrees to sell a trademark (the “Mark A“) to the buyer.…

Dispute resolution where international lawyers may be weak in China

International law firms and lawyers are thriving in China for long. Foreign investors generally come into China hand in hand with a foreign law firm.

International law firms are appealing to foreign investors in China for various reasons: feeling more bonded with each other due to language skills and culture, having global connections and resources to serve…

What if your real property in China is sold by an unauthorized person?

It happens not only in China. There seem to be property scam all over the world, click here and here.

A recent case intrigues me a lot.

Facts: an old Shanghai lady who become an American citizen back in 1990s left her apartment in down town area of Shanghai to her niece for use and care. Recently when she came back to Shanghai, she found that her apartment was now owned…

A small tip for tenants in leasing disputes: don’t forget to send termination notice

I have been helping a client dealing constantly with lease disputes. I found that due to lack of basic legal knowledge, tenants can find themselves in very unfavorable position.

A typical scenario is like this: in the course of leasing, the tenant decides to cancel the lease and therefor refuses to pay rent and finally may move out of the leased office or residence.…

Unentitled disposal of assets: what are the legal effects under China laws?

My clients, two foreigners, operate a successful restaurant in Shanghai for a few years. They invest in the business but the restaurant was registered in two Chinese persons’ names in order to save time for starting the business. Of course, there is a contract between the two foreigners and the Chinese nominee shareholders. Recently, the two clients…

Property Title dispute in China: should I take the action to quiet title?

As a relatively young country with the concept of rule of law, China has a long way to go before building itself into a ripe rule of law state. In the fundamental field of property laws, there are too many controversies over many legal issues that may well vex a smart mind.

A young colleague in our firm discussed his case with me. It is an interesting situation: a piece…

Litigation strategy in Chinese courts: annul or rescind the contract?

The strategy I talk about here may apply in other cases at Chinese courts. While it may sound weird to foreign minds, it is very true in China.

Our real estate team at Dacheng Law Offices (Shanghai) has dealt  with a quite controversial case recently. Here are the facts:

The client bought a factory building in an Industrial Park in Fengxian District, Shanghai.…

Lock your tenants out? Right of defense for delaying performance of contractual obligation

As the external legal counsel for The Executive Center in Shanghai, the leading premium serviced office provider in Asia, a slew of legal questions have been put forward before me. Some of the issues are interesting and worth a post here.

As a serviced office provider, or landlord, the number one headache is delay or refusal by tenants in paying the rent for the…

Choose foreign arbitration for dispute resolution? Shagang and HNA drama

The whole thing, the legal battle between Shagang and HaiNan Aviation Group (HNA), has turned into a public event after more than 2000 passengers were affected in respect of their otherwise pleasant voyage.

The eruption of the row between the two companies that are mainly operating within China has raised a good question: why the hell do they choose to resolve…

the trouble of evidence discovery in Chinese litigation proceeding for foreign parties

To institute a lawsuit in China is set to be a big headache or even a nightmare for foreigners or foreign companies. There are many reasons for causing the headache: total ignorance of Chinese substantive and procedural laws, lack of trust in their lawyers hired, lack of confidence in Chinese juridical system and so on, among which the trouble in the cumbersome…