what type of lawyer do i need to sue chinese company

The best way to sue an entity located in China mainland, is to find a China lawyer with both related legal expertise and English competence. According to the Civil Procedure of PRC, the People's Court practices the system of two instances, the first and the final.

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Can a foreign company sue a Chinese company in China?

Oct 06, 2014 · An American company usually faces no jurisdictional bar to suing a Chinese company in Mainland China. Articles 3 and 237 of the Civil Procedure Law of the People’s Republic of China grant ...

How do I sue a company for violation of federal laws?

Mar 21, 2016 · on March 21, 2016 at 12:22 PM. A couple of years ago, I wrote an Above the Law article, entitled, “ Suing Chinese Companies In The United States Is Usually A …

Do I need a lawyer to sue a company?

Jun 15, 2015 · The best way to sue an entity located in China mainland, is to find a China lawyer with both related legal expertise and English competence. According to the Civil Procedure of PRC, the People's...

What are the remedies for a small business Sue?

What type of lawyer do I need to sue a company? You need a lawyer who is a civil litigator. If you are suing over any kind of business dispute, find a lawyer with experience in contracts and company law. If you are suing for a personal injury or damage to your reputation you need a lawyer with experience in those areas.

Can you sue a Chinese company in US?

U.S. Discovery against Chinese Companies Once a company succeeds in serving a Chinese company in a U.S. lawsuit, discovery can begin. Because the Chinese company is now a party to a U.S. lawsuit, it is bound by the normal discovery rules of the U.S. court in which it is the defendant.Nov 9, 2021

How do I file a complaint against a company in China?

Complaints You can make complaints to the Chinese Embassy or Consulates in your country. In some cases, the embassy or consulates will refer your complaints to the law enforcement agencies and trade promotion agencies in China, who have the authority to mediate your dispute with the Chinese supplier.Jan 10, 2022

How do I sue an international company?

Simply give the suit to the court clerk and pay the filing fee. If you're filing the suit internationally, you will need to file in the court located in the district in which the other party lives, and you'll likely need an international attorney to help you navigate the process.

Can you sue a company in Hong Kong?

Foreign companies uncomfortable with resolving disputes with their Chinese business partners in the unfamiliar Chinese courts can now bring their lawsuits in the Hong Kong courts which follow common law principles and conduct most proceedings in English.

How do I report a Chinese company in China?

The Chinese Ministry of Commerce operates a complaint line in English for firms to register complaints about Chinese businesses. You can lodge complains and request assistance through their online service (English language only)Aug 11, 2021

Does the Consumer Rights Act apply to China?

The key national-level consumer protection law in China (Law of the People's Republic of China on the Protection of Consumers' Rights and Interests [Consumer Protection Law]) was first promulgated in 1993 and was substantially amended in 2013.Dec 11, 2018

How do I take legal action against a Chinese company?

When you sue, you need to submit relevant documents to the Chinese court, such as your identity certificate, power of attorney, and pleadings. These documents need to be notarized in your country, and then authenticated by the Chinese embassy or consulate in your country.Nov 4, 2021

Can a company in another country sue you?

Although you may be able to sue a foreign business in its home country, the general rule is that your case will be decided according to the law in the country where the damage occurred (i.e. your country or the host country).

Can you sue a foreign company in US court?

Laws giving foreign organizations immunity from lawsuits date back to at least 1945 with the “International Organization Immunities Act.” This Act granted international organizations the same immunity from being sued as enjoyed by foreign governments.Apr 18, 2019

Can I take a Chinese company to court?

If there is trouble with Chinese companies, for example because ordered products are not delivered on time, trading partners can consider filing a lawsuit. However, this must be thought through well in advance and contractual details must be analysed.May 17, 2021

Chinese companies sued in U.S. courts are often relatively easy marks because they typically have no clue how to handle a United States litigation matter

A couple of years ago, I wrote an Above the Law article, entitled, “ Suing Chinese Companies In The United States Is Usually A Waste Of Time ,” stating that it is “ almost always a waste of time to sue Chinese companies in United States courts” because Chinese courts do not enforce U.S. court judgments.

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Dan Harris Follow

How should you pursue a legal claim against a Mainland China company that owes you money or has wronged you in some other way?

Kashif Ali

Hello, We need legal assistance in China to recover the deposit we paid on alibaba to a supplier , who is now not supplying the goods as per the terms agreed and also is not refunding the deposit.

tonny milfiger

hi , lets not get into detail but shipping company with gold memeber cheated me i consider sue both alibaba and the supplier .

Jurgen Vollrath

Great article Dan. Also agree with Kimberly that litigation in China should be the last resort. I look forward to your remaining articles.

Kimberly Kirkendall, CPA

Don't. When someone calls me with this same question, that is what I tell them...Don't. Every other avenue should be exhausted first - private discussion, official mediation, a trusted third party, etc.

Zhang Hui

The best way to sue an entity located in China mainland, is to find a China lawyer with both related legal expertise and English competence. According to the Civil Procedure of PRC, the People's Court practices the system of two instances, the first and the final.

Why do people sue companies?

In general, some common reasons to sue a company include the following: If a person suffered harassment when either working at the company or when visiting the company as a patron (e.g., grocery store worker harassed them); When a company fails to pay a worker their ...

What can a business lawyer do?

Your lawyer can also help you to gather evidence, request the right items for discovery, and assist you in preparing and filing your claim.

What is a request for restitution?

Requesting that the court issue an order stating the company is legally obligated to change their company handbooks, policies, and/or procedures; Various economic and noneconomic damages; Punitive damages or fines; and/or. Restitution.

How long do you have to file a lawsuit in California?

For instance, a person who sues a company in California based on a personal injury claim, will have two years from the date they were injured to file a lawsuit against that company.

How long do you have to file a personal injury lawsuit in Florida?

In contrast, a person who sues a company in Florida based on a personal injury claim, will have four years from the date they were injured to file a lawsuit against that company. A person who fails to file a claim within the prescribed time frame will be barred from bringing a lawsuit against the company.

What is premises liability?

Premises liability; Breach of contract; Discrimination or harassment; Nuisance; Defamation; Tax fraud; False advertising; and. Violations of federal laws. The process to sue a company will differ depending on the type of company, the laws in the jurisdiction, the facts of a specific matter, and the legal theories that a claim is based on.

Benjamin Soffer

Fortunately, you did not actually choke on the pieces of rubber (sometimes the chicken nugget themselves could be quite rubbery). But since you were not injured, you would have no basis for a lawsuit. Contact the store or manufacturer and ask for a refund. Good luck...

Lars A. Lundeen

Since you "almost choked", it appears that your damages here have not been extremely significant. Without substantial medical bills, pain and suffering or lost earnings, this probably is not the kind of case that you would place in to suit.#N#You certainly can contact the owner or manufacturer and they probably will be...

Adam A Studnicki

If you were injured, talk to an injury lawyer. Otherwise, you can report it to the place of purchase, and they may offer a refund. If it was a chain restaurant, you can also report it to their corporate office. If it was a store, you can also report it to the manufacturer...

James Robert Faucher

You don't mention any injuries or damages. Without that, you don't have a case. If you were injured, consult with a local personal injury attorney.

1. Do you have a contract with the adverse party that allows you to sue in Singapore in the first place?

If you are suing over a breach of contract , your contract may prescribe the exclusive forum for the resolution of any disputes arising out of or in relation to that contract, and that forum may not be the courts of Singapore. Instead, it could be arbitration or the foreign courts.

2. Is there a cheaper or faster way than litigation to resolve your dispute with the adverse party?

Consider mediation. It can often resolve disputes in a day and get you enough of what you want to be worth avoiding a long, drawn-out court battle.

3. Do you have a valid claim and are you likely to provoke a valid counterclaim by suing?

You should ideally have a lawyer look at your case before you file it to make sure that you have a reasonable chance of success in court in the first place.

4. How well-resourced is your adverse party?

If you are suing a massive company like a bank, telecommunications provider or airline, they will probably have deeper pockets than you to pay lawyers who can drag out the matter for years, even if you are legally right.

5. Can you afford to lose?

No matter how strong a claim you may think you have, nothing is guaranteed and defeat can all too often be snatched from the jaws of victory on some unfortunate technicality.

6. If you win, does your adverse party have the money to pay, or enough assets that can be sold, to pay you?

There is no point suing someone who doesn’t have the money to pay you if you win.

7. If you win, will there be much money left after you have paid your legal fees?

Try to get a rough estimate from your lawyer of the range of total legal fees to bring a case all the way through a trial to enforcing an award. Then, compare this amount with the amount you are suing for.