Question 1

What evidence should a claimant preserve for a contract dispute in a Chinese court?

Accepted Answer

A claimant should preserve the complete contract record and evidence linking each alleged breach to a measurable loss. The core file normally includes the signed contract and amendments, purchase orders, proof of authority, payments, delivery or performance records, inspection materials, notices of breach, electronic communications, loss calculations and mitigation evidence. Originals and reliable export records should be retained; foreign-language and overseas evidence may require Chinese translation and additional formality depending on where and how it was created.

Question 2

What documents are usually required in a foreign-related divorce case before a Chinese court?

Accepted Answer

The filing package normally needs identity documents, the marriage certificate, facts supporting the Chinese court's jurisdiction, and evidence about children, property, debts and requested relief. A foreign party should also prepare an address for service and documents proving nationality or habitual residence where relevant. Evidence formed abroad may require an Apostille or other applicable authentication procedure, together with an accurate Chinese translation.

Question 3

Can a foreign national seek administrative reconsideration after a Chinese residence-permit decision?

Accepted Answer

Not every residence-permit decision is reviewable. The exact administrative act and wording of the decision notice must be identified first. Article 36 of the Exit and Entry Administration Law states that specified decisions by exit-entry administration authorities concerning rejection of a foreigner's application for a residence permit, or rejection of extension, change or reissuance, are final. Other administrative acts may fall within the Administrative Reconsideration Law if its scope and filing requirements are met.

Question 4

What evidence must a foreign buyer preserve to prove product defects in an international sale of goods dispute in China?

Accepted Answer

A foreign buyer should preserve evidence of the agreed specification, condition of the goods and timely notice to the seller. The file should include the signed contract, drawings, approved samples, purchase orders, shipping and customs records, inspection procedures, laboratory or expert reports with raw data, photographs and videos, chain-of-custody records, defect notices, repair or refund communications, and proof of loss and mitigation. If the CISG applies, Articles 35, 38 and 39 are especially important.

Question 5

Can a foreign investor recover investment funds through litigation in a Chinese court?

Accepted Answer

Potentially, but recovery depends on the legal character of the payment and the evidence supporting a repayment obligation. The court may need to determine whether the money was an equity contribution, shareholder loan, contractual investment, deposit or another payment, and whether a refund condition, termination event, failed condition or restitution basis exists. Jurisdiction and any arbitration clause must be checked before filing.

Question 6

How can a foreign creditor file and protect a claim in Chinese corporate bankruptcy proceedings?

Accepted Answer

A foreign creditor should submit a written proof of claim to the court-appointed administrator within the period fixed by the court, together with evidence of the debt, amount, maturity and any security. Under the Enterprise Bankruptcy Law, the declaration period is set between 30 days and three months from publication of the court's announcement. A late declaration may be possible before the final distribution, but completed distributions are not repeated and the late declarant bears the examination cost.

Question 7

How can a foreign patent owner enforce patent rights in a Chinese court?

Accepted Answer

A foreign patent owner must establish an enforceable Chinese patent right, ownership or authority to sue, and facts showing that the accused product or process falls within the asserted claim. A foreign patent by itself does not create exclusive rights in China. Evidence commonly includes the Chinese patent certificate and register, authority documents, a defensible purchase of the accused product, technical claim comparison, sales evidence and a damages calculation.