Several Jurisdiction Issues of Foreign-related Civil & Commercial cases in China

Recently China Supreme court adjusted the level jurisdiction for foreign-related cases of civil and commercial litigation, by a new guideline to be effective since Jan.1st, 2023. Lawyers Jingzhan.Wang from Tianjin Bozhuan Law Firm is explaining the several jurisdiction issues as guided by it as follows

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Forum Selection Clause for Agreement relating to China

What’s forum selection clause

A forum selection clause for agreement relating to China, is a cause agreed by parties in an agreement to decide the jurisdictional court for disputes arising between parties if the execution of a business contract relating to China. Continue reading

Court fees for a litigation in Tianjin of China

Court fees for a litigation in Tianjin of China are mainly dependent on the nature of the case and the value of the case.Different cases may be charged differently, let’s take a look at the cases of property. The cases of property here refer to the cases in which the claim is about money or having a monetary value. As per the Supreme Court‘s measures on litigation charges, the accetptance fees for a civil or commercial case shall be calculated by the value that’s claimed. Continue reading

Lawyer fee in China

Lawyer Fee in China

Lawyer fee in China is one of the most concern when we need to retain a lawyer in China, it means the most popular lawyer fee that may be charged by a law firm or lawyer in China to take a case or other legal service . Lawyer fees also are referred to be as attorney fees, legal service fees or legal counsel fees, and etc. Continue reading

Several legal issues over the sales/purchase contract in accordance with laws of China.

Sale and Purchase Contract is one of the most popular documents needed for international business. In this article, I set out some of the legal questions over the sales/purchase contract which is regularly consulted to me, in accordance with laws of China.

  1. Question: is a written contract necessary for concluding a contractual relationship?

Answer by Lawyer Jingzhan.Wang: As per China legal practice, a contract may be made by oral or written. So, a written contract is not mandatory as per law of China. However,from my experience, it’s better for you to have a contract by written, formally and duly signed by parties. Many disputes have been raised where there is absence of formal contract. It make it difficult to prove the right and obligation agreed between parties. It’s a disadvantage for the party who is responsible for the proof. In practice, if indeed there is lack of a formal contract,  keeping delivery notes, receipt, settlement statement, invoices and etc, would be helpful for the party to prove the contractual relationship and rights and obligations. Continue reading

海事海商法律案例:天使力量”(Angelic Power)轮船员劳务合同纠纷系列案

【基本案情】“天使力量”轮的船舶所有人为利比里亚天使动力投资公司(Angeliki Dynamis Investment Corporation),登记的船籍港为希腊比雷埃夫斯,船舶管理人为泛大洋海事公司(Panthalassa Maritime Corporation)。 Continue reading