China Trade Lawyer

01/03/2025

Today, I handled a legal dispute case involving a Norwegian client who purchased a substantial quantity of infant strollers from a Chinese manufacturer, with a total contract value of USD 150,000. Upon delivery, approximately 20% of the products were found to be defective, and an additional 15% were subsequently returned by end customers due to quality issues. The client is now seeking resolution for this commercial dispute through formal legal channels.

Certainly, I will endeavor to safeguard his commercial interests to the fullest extent. However, I would emphasize that establishing formalized procurement process management would yield greater strategic advantages.

The critical issue lies in his continued failure to execute legally binding contracts with Chinese manufacturers, notwithstanding substantial advance payments. This operational approach raises serious legal concerns. The absence of executed contractual agreements fundamentally precludes our ability to pursue contractual remedies, including liquidated damages for breach of contract.

As legal counsel qualified in Chinese commercial law, I must strongly advise the immediate implementation of properly executed sales contracts that comply with PRC Contract Law provisions when engaging Chinese suppliers. Such documentation should include explicit terms regarding quality standards, delivery schedules, payment terms, and dispute resolution mechanisms.

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01/03/2025

This is my opinion about the disagreement with Zelensky, Trump, and Vance.

26/02/2025

This week, I assisted a U.S. client in drafting a purchase contract, which included a clause addressing breach of agreement. However, the other party to the contract (the "factory") wanted to remove this clause and made significant efforts to persuade my client to do so. At one point, my client nearly agreed to the removal.

Upon receiving feedback from my client, I strongly opposed this suggestion. I recognized that the situation carried substantial risks and that the factory was likely to disregard the contract's terms. Drawing from my practical legal experience, I emphasized the importance of retaining the breach clause. As a result, my client's team reconsidered and ultimately rejected the factory's proposal. Eventually, the factory compromised and signed the contract.

It's important to note that Chinese contracts differ from many Western legal contracts, which often do not include breach clauses due to varying business environments. Therefore, incorporating a breach clause in the contract is crucial.

27/12/2024

Sales Contract Sablon: https://kimport.hu/salescontract/Komplett Kínai Beszerzés Kiszervezése:https://www.kimport.hu/szervezd-kiKínai Importos Cikkek:https:/...

22/12/2024

Can I Get Maintenance Support When Divorcing My Chinese Husband?

21/12/2024

Today, I received another legal consultation concerning maintenance fees in the context of divorcing her Chinese husband in China.

According to Chinese law, there are no obligations for maintenance payments upon divorce. This means that neither the husband nor the wife must provide maintenance support to the other.

Nonetheless, as stipulated in the relevant provisions of the Chinese civil code, if one spouse seeks compensation during the divorce process due to having taken on greater responsibilities in caring for a child or an elderly person, the other party is expected to provide some form of compensation. The parties involved can negotiate the amount of compensation. If an agreement cannot be reached, the matter will be resolved by the judges.

18/12/2024

I have recently completed a legal analysis report regarding the operation of a cross-border e-commerce business in China for a client based in the United States.

Engaging in cross-border e-commerce in China necessitates adherence to many laws, regulations, and policies, making legal compliance paramount. Familiarizing oneself with local laws is essential when conducting business in a foreign jurisdiction.

In the legal report, I outlined the primary legal risks and protections, which include: 1. consumer protection rights; 2. data security; 3. criminal liability associated with smuggling; 4. intellectual property protection; 5. compliance in the sale of medical products; 6. compliance in the sale of healthcare products; 7. compliance in the sale of cosmetics, among others.

14/12/2024

In August of this year, I attended a criminal trial with my colleagues from my law firm. Conducting criminal defense has become a significant part of my daily work and is one of my areas of legal expertise.

The defendant, who is also my client, has been detained in a detention center for nearly two years. Before the first court trial, I met with her seven times in the detention center. Currently, we are awaiting a judgment from the courts.

In China, the criminal case process is divided into three phases. The first phase is known as the "Public Security Organs Investigation." During this phase, public security is responsible for investigating cases by interrogating suspects and collecting evidence. The case will then be transferred to the procuratorate. This phase typically lasts around two months, although extensions can be applied for if necessary.

The second phase is called the "Review and Litigation Filing Phase." During this stage, the staff of the procuratorate reviews the evidence submitted by public security. If the evidence meets the required standard, the procuratorate will file the case in court. Conversely, if the evidence does not meet the standards for litigation, a decision will be made not to file. This phase usually takes about one month, Cases can be returned to public security for further investigation at the request of the procuratorate, but this is an exception.

The third phase is the "Court Phase," which is the final stage of a criminal case in China. This phase includes both the first trial and the possibility of a second trial. If a party disagrees with the judgment from the first trial, they have the right to appeal to a higher court, which is referred to as the second instance.

13/12/2024

Can I Obtain Custody of My Child If I Divorce My Chinese Husband?

Check out china_tradelawyer’s video.

12/12/2024

ASKING FOR HELP

I am Divorcing My Chinese Spouse . Can I Obtain Custody of My Child?

Check out china_tradelawyer’s video.