Generally speaking, the party who hires the lawyer should pay for the attorney fees at his own cost as per China legal practice. However, there are indeed exceptional circumstances in which the party could claim for the attorney fees.
- The attorney fees that the creditor paid in the realising the right of revoking a contract. As per the supreme court’s interpretation of the Contract law of PRC, the creditor is entitled to revoke the act that the debitor did if such act endangered the credit right.
- There are provisions of attorney fees in the contract. If the parties expressed agreed in the contract that the attorney fees shall be borne by the other party in the lawsuit of contract disputes, the winning party may be entitled to recover the attorney fees.
- the plantiff could claim for the lawyer fees in the trademark infringement case. As per the supreme court’s interpretation of laws, the reasonable lawyer fees could be deemed as the plantiff’s necessary expense and may be supported by the law court.
- The claimant could plead that the lawyer fees be undertaken by the counterparty in most of arbitration proceedings.