I have a dispute with a Chinese supplier. If I file a claim in the UK and obtain a positive judgement. can it be recognized and enforced in China?

[namida]

although i know it will be a time and cost consuming matter... thanks in advance if anyone can help.

 

[Newchodge]

What jurisdiction is stipulated in the contract?

 

[fisicx]

Simple answer: no.

The Chinese supplier will just ignore any judgement.

 

[Ozzy]

The Chinese supplier will just ignore any judgement.

Although quite likely, not always. Some will want to maintain a good reputation with business in the UK. Perhaps @MOIC has thoughts to share

 

[BusterBloodvessel]

Very, very highly unlikely unfortunately. Depends entirely on the nature of your issue but the best you can usually get a supplier to agree to is FOC replacements that you pay shipping for (that's very, very best!), a discount to keep the faulty/out of spec goods (if they haven't shipped yet and they're stuck with them), or discounts off future orders to try and compensate for any losses on this one.

Also really depends on your relationship with the supplier.

 

[fisicx]

Although quite likely, not always. Some will want to maintain a good reputation with business in the UK. Perhaps @MOIC has thoughts to share

Yes but the key point of the question was enforcement. A UK court cannot enforce anything on a overseas business.

 

[hazeleigh]

Hello and all good points made here. I would stress that there is little by way of reciprocal enforcement if any!
There are no bilateral treaties with respect to the recognition and enforcement of UK judgements between China and the UK. Although China signed the Convention of 30th June 2005 on Choice of Court Agreements on 12th September 2017, it did not ratify this convention and so it has not entered into binding force in China. With respect to Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, neither China nor UK are parties.

 

[GraemeL]

All the above are the right answers.

The only alternate route I could suggest is you get on a plane and go visit your supplier. Depends on value involved and / or if alternate suppliers are available.

 

[MOIC]

Don't waste any money on filing a claim.

Get someone with boots on the ground to negotiate with the supplier. . . . . . .if it's economically viable.

What's the amount of damages you're seeking?

 

[Paul Kelly ICHYB]

Get someone with boots on the ground to negotiate with the supplier. . . . . . .if it's economically viable.

BIG boots!

 

[MOIC]

BIG boots!

Open toe sandals will suffice, as long as they can negotiate!

 

[CHUKTC]

If your contract is with a supplier in China it is almost certain that it will stipoulate any dispute to be handled by courts in China. If you really want to take legal action (and if the sums are large then it may be justified) then you should file in the courts in China. It's perfectly possible to do this but please bear in mind like most places in the world the cost of litigation is very expensive with an uncertain outcome. I would strongly rcommend the approach suggested by others to negotiate with them and try and come to an agreement. in my experience knock on the door and a smiling face often works wonders.

 

[anson_kingson]

I have been acted as an agent for a German company in China since 2012,i'm in charge of all stuff in China.What I can say,We can file a lawsuit in China, after all they are more afraid of local laws.But it's still a long process, and you have to judge whether it's worth it compared to the cost of your time and the money invested.

 

[pentel]

How much are we talking about here?

 

[GraemeL]

OP has gone, whereabouts unknown?

 

[WaveJumper]

OP has gone, whereabouts unknown?

Last seen boarding a jet to China

 

[pentel]

It seems the OP may be China based.....

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