Cross-border dispute relating to medial devices, we deal with you issues with the Chinese efficiency.

A Hong Kong Company has signed a purchase contract with a US Company on selling a batch of medical products at the price of around USD 200,000. Both parties agreed in the contract that all disputes in connection with this contract shall be submitted for arbitration to China International Economic and Trade Arbitration Commission (CIETAC).

After delivery of the said products, the US Company only made partial payments. Regarding the remaining payable sum which worth more than half of the purchase price stipulated in the contract, the BVI company sought help from Landing lawyers.

Landing lawyers applied for arbitration proceedings against the US Company before CIETAC. After the arbitral hearing, the tribunal ordered the US Company to pay the balance in full, as well as the attorney fees and arbitration fees.

Risk in international sale and purchase of materials, we save huge losses for clients.

A Nigeria company entered into a Contract of Sale with a Chinese company located in Hebei province, in order to purchase clothing products. After the Nigeria company paid the full amount stipulated in the said Contract of Sale, the Chinese company delivered the Goods but refused to send the original bill of lading unless the Nigeria company pay extra 30% of total amount to its account. While the Nigeria company paid the said extra amount, the Chinese company continued to demand more money illegally. Due to the original bill of lading had not been sent by Chinese company, the Nigeria company had to bear the high cost of demurrage. In this case, this Nigeria company entrusted the lawyers in Landing Law Offices to help them get out of such difficulties. 

After reviewing and analyzing relevant case materials, it suggested that the behavior of the Chinese company may constitute the Crime of Extortion and the Crime of Fraud. Then Landing lawyers verified all the evidence, conducted legal analysis, and issued the Letter of Demand on behalf of our client to the Chinese company and demanded them to send the original bill of lading to our client immediately. The Chinese company ultimately sent the original bill of lading to our client few days after receiving the said Letter of Demand.

Even if you are not a Chinese citizen in a marriage, you will be protected by the Chinese law.

A US couple, who married in Canada, now live in Guangzhou, China and work as the schoolmaster and teacher in an international school. In 2018, this couple decided to divorce via a litigation in China. However, due to the marriage of this US couple was registered outside of China and they have no registration of marriage in China, the Chinese court refused to accept their divorce case. In addition, relevant official authorities also refused to recognize the effectiveness of their marriage here in China. Thus the wife of this US couple entrusted Landing lawyers to settle this case. 

In accordance with our legal research and analysis, there is no specific PRC Law which has banned the divorce lawsuit between non-Chinese citizens who registered their marriage outside of China. Because there are so few precedents, the courts and judges may lack experience on how to handle such divorce cases. In such situation, we provided our Legal Opinion to the court, illustrating that : (1) the habitual residence of the US couple is in China and both of them has been worked and paid tax here for a long time; (2) this couple have big difficulties to go back the US and divorce there; (3) both of the couple agree to solve the dispute under PRC law and subject to the jurisdiction of Chinese court. Finally the Chinese court accept the case and the case resolved through mediation. 

We secure your employment rights.

Amy is a senior executive of a Chinese company listed in Hong Kong. In 2018, Amy received a notice informing her that the company will terminate her labor contract due to the business adjustment of the company and the unsatisfactory performance of the department led by her, while taking back the share options worth nearly RMB 1 million of the company listed in Hong Kong.

After accepting Amy’s entrustment, Landing lawyers analyzed that the company's business adjustment and the unsatisfactory performance of the department led by Amy were not enough as the basis for the company to unilaterally terminate the labor relation with Amy. Moreover, the termination of the labor contract and the loss of share options will cause Amy to lose a lot of benefits and seriously affect her life, especially Amy raised two children by herself. Therefore, Landing lawyers sent a lawyer's letter to the company and communicated with the company in terms of law and sense, and finally successfully helped Amy and the company reach a consensus on continuing to perform the labor contract.

Risk in international sale and purchase of materials, we save huge losses for clients.

A Brazil company purchased a batch of metal materials, which worth more than $330,000 from a company in Jiangsu Province, China. After the goods being shipped to Brazil, it was found that the Chinese company have not done the fumigation service and Brazilian Custom requested the Brazil company to pay penalty. The Brazil company demanded a full compensation for the losses occurred therefrom, both of which were rejected by the Jiangsu company. 

The Brazil company entrusted Landing lawyers to resolve this international dispute before the people’s court of China. Due to the complexities of facts in this case, evidence and trial have been attentively prepared for the hearings. Finally the court supported all claims of the Brazil company. After the judgment became effective, Landing lawyers applied to the court for enforcement. Led diligently by Landing lawyers, the judgment was executed, and the loss was recovered.

Even if you are not a Chinese citizen in a marriage, you will be protected by the Chinese law.

Our client Bernie is an American who has a child named Paul with his Chinese ex-wife Lily. Bernie and Lily divorced when Paul was 8 years old. Under the terms of the divorce agreement, Paul was being raised by Bernie and no maintenance was agreed. When Paul was 13, Lily went to court and asked a judge to order her son to be raised by her and Bernie to pay monthly maintenance, on the grounds that Bernie had a bad temper and often abused Paul.

After considering the evidence in the case, the court upheld Lily's claim.

Three months after the verdict, Bernie said he had reformed and wanted to entrust us with helping him regain custody. From the perspective of Lily's family status, living conditions, nature of work and Paul's living and learning environment, Landing‘s lawyer eventually persuaded the judge to reinstate Paul's custody by his father, Bernie.

If you look for investment, we are the attorney you can trust.

A Chinese food production company, located in Qingdao city, Shandong province, was confronted with multiple litigation and enforcement cases and was ready to declare bankruptcy. A Malaysia conglomerate discovered that the factories and machinery equipments of the said Chinese company could be effectively used by its industry integration especially towards Chinese market. Thus the Malaysia foods group decided to financially support the corporate reorganization of this Chinese company by Convertible Debt. More specifically, the Malaysia foods group planned to provide the Chinese company's shareholders a  loan of RMB 20 Million for settling parts of the debt born by the Chinese company and thus its factories and machinery equipments sealed up or seized by the court could be relieved, after which shareholders of the Chinese company could choose to return the loan or to transfer their equity to the Malaysia conglomerate. 

Landing lawyers was entrusted by the Malaysia conglomerate in this project, assisting Malaysia foods group conduct the due diligence on the Chinese company, drafting the loan agreement and reorganization agreement. In addition, our lawyers also traveled to Shandong province for  validating the assets of the Chinese company, and helped this Chinese company to finished relevant share pledge regrading the loan. By the efforts of our lawyers, the reorganization was made successfully. 

If you have inherited assets, we can help you with the troublesome formalities.

A client of us has recently inherited interests of several land and properties located in China from his late mother, who passed away intestate. Having moved to the US decades ago, both his parents and him are now U.S. citizens; the interests of land and properties were initially inherited by the client’s late father, who bequeathed these interests to the client’s mother by will, however the will was not executed before the mother’s demise. The client wishes to complete all formation and registration and to legally inherit his interests, without travelling to China. 

After preliminary review of the case, we found that verifying inheritance by notary, the most common way to verify one’s inheritance in China, could not be carried out at all. The reason is that the notary office cannot conduct independent verification of the inheritor’s family information (a mandatory requirement for executing the notarization) if the inheritor and/or other parties of interest were not Chinese citizens. Subsequently, we consulted with the local real estate registry of the place of these properties as well as the people’s court, and came up with strategy of verifying the inheritance by litigation or direct registration. Eventually, Landing lawyers assisted our client to complete the inheritance successfully.

It is concluded from this case that, when inheriting real estate in China, non-Chinese citizens would usually face additional inconvenience in practice. Our best advice for someone to inherit properties in China, would be to firstly consult with local counsels to come up with the most suitable plan. 

If you have inherited assets, we can help you with the troublesome formalities.

A US company has placed an order to a factory in Guangzhou, China, for the manufacture of electronic products. Even though the US company has paid in accordance with the order, the Guangzhou factory kept delaying the production and shipping. The US company intended to commence legal action against the Guangzhou factory, however it found that the Guangzhou company had used an offshore account to receive the wire transfer and used an fake company to enter into the contract, all of which have made it very difficult to go after the company.

The US company entrusted Landing lawyers to deal with this case. Although an unincorporated entity was used to enter into the contract, Landing lawyers successfully located the actual address of the opposing party, and directly headed to the address to initiate negotiation. Meanwhile Landing lawyers reported the Guangzhou factory to local police as a potential fraudulent case, and managed to have police officers accompanied us to the factory. Pressured by the presence of law enforcement and the effective legal actions of Landing lawyers, the Guangzhou factory agreed to enter into a valid supplement contract with the US company.

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