Questions foreign clients ask before instructing a China lawyer

You may be able to recover your payment, depending on the contract, evidence, applicable law, and the supplier’s financial position. Your options may include demanding delivery, terminating the contract and requesting a refund, or claiming damages. Before taking action, identify the correct legal entity and preserve your orders, payment records, and communications. A successful judgment does not necessarily guarantee recovery if the supplier has no available assets.

Possibly. A signed formal contract is not always necessary to establish a contractual relationship. Purchase orders, emails, messages, invoices, payment records, and delivery documents may help demonstrate what the parties agreed. The key issues include identifying the contracting parties and proving the agreed obligations. Preserve complete electronic records and original files rather than relying only on cropped screenshots.

A full refund is not automatic. Available remedies depend on the agreed specifications, inspection requirements, notice deadlines, seriousness of the defects, and applicable law. Depending on the circumstances, you may seek repair, replacement, a price reduction, damages, or termination and a refund. Document the defects promptly, preserve samples where practical, and review the contract before returning or disposing of the goods.

In many cases, an overseas individual or company can appoint a Chinese lawyer to handle substantial parts of the proceedings. However, personal participation may still be required in certain circumstances. The appropriate court, authorization documents, identity or company records, and translation requirements must be assessed. Depending on the document’s origin and applicable treaties, notarization, an apostille, or other authentication procedures may be necessary.

A contract is not invalid simply because it is written in English. Its validity depends on factors such as the parties’ capacity, genuine agreement, contractual terms, applicable law, and any mandatory formalities. Chinese court proceedings use Chinese, and foreign-language documents generally require Chinese translations. For bilingual contracts, clearly specify which language version prevails if the texts conflict.

The applicable limitation period depends on the governing law and the nature of the claim. Under PRC law, the general civil limitation period is usually three years, while disputes arising from international sales of goods contracts and technology import or export contracts are subject to a four-year period. The starting date and any interruption or suspension require careful assessment. Separate inspection and defect-notification deadlines may also affect your rights.

A US or European trademark registration does not automatically provide trademark protection in mainland China. Trademark rights are generally territorial. You should check whether your mark is registered in China or protected through an international registration designating China. Special protection may apply in some circumstances, but it should not replace a considered Chinese trademark strategy.

Your options depend on your intellectual property rights, contractual protections, and available evidence. Potential claims may involve patents, trademarks, copyright, trade secrets, or breach of contract. Similar appearance alone does not necessarily establish infringement, and the absence of a patent does not necessarily eliminate every remedy. Preserve design records, agreements, product samples, sales listings, and communications before deciding how to proceed.

The agreement’s substance matters more than its title. An NDA generally addresses confidentiality, while an NNN agreement typically also addresses non-use and non-circumvention. Neither label automatically makes an agreement enforceable or suitable for your transaction. Effective terms should identify the correct parties, define protected information and prohibited conduct, and address remedies, governing law, and dispute resolution.

Failure to deliver or refund a payment does not, by itself, establish criminal fraud. The assessment depends on evidence of deception, the supplier’s intentions, transaction history, and other circumstances. A matter may involve a commercial dispute, suspected criminal conduct, or overlapping issues. Reporting to the police does not guarantee a criminal investigation or recovery. Civil claim deadlines should also be reviewed promptly.

In a criminal case, a suspect has the right to appoint a defense lawyer from the first interrogation by the investigating authority or the imposition of a compulsory measure. A guardian or close relative may also appoint a defense lawyer for a person in custody. First confirm the authority handling the case, the place of detention, the suspected offense, and whether the detention is criminal or administrative, as the procedures differ.

No lawyer can guarantee those outcomes. A lawyer can assess the case, explain risks, prepare applications, analyze evidence, negotiate, and provide representation within the agreed scope. Results depend on the facts, evidence, applicable law, decisions of the relevant authorities, and—in recovery cases—the other party’s assets. Before appointing a lawyer, ask for a clear explanation of the proposed work, fees, risks, and next steps.