A foreign company can sue a Chinese supplier in China without travelling there. You appoint a PRC-licensed lawyer under a power of attorney that is notarised and apostilled (or legalised) in your country, file in the court your contract or the law points to — usually where the supplier is domiciled or the contract is performed — and prove your case mainly with documents. Before you file, confirm the defendant, check for assets and decide whether to freeze them.
- You must use a Chinese lawyer if you want a lawyer to act in a Chinese court (Civil Procedure Law Art. 274).
- A power of attorney signed abroad must be notarised and authenticated, or go through treaty procedures such as an apostille (Art. 275). China's apostille arrangements took effect on 7 November 2023.
- Jurisdiction: a contract claim goes to the court of the defendant's domicile or the place of performance (Art. 24), unless a valid arbitration or jurisdiction clause says otherwise.
- Hearings can be held online with the parties' consent (Art. 16).
- No statutory deadline for foreign-related trials (Art. 287); courts generally still aim to finish a first-instance case in about six months.
- A party without a domicile in China has 30 days to appeal (Art. 286).
The steps at a glance
| Step | What you do | Who does it |
|---|---|---|
| 1. Confirm the defendant | Registered Chinese name, Unified Social Credit Code, the company that received your money | Your Chinese lawyer, with your documents |
| 2. Court or arbitration | Read the dispute clause; identify the competent court or institution | Lawyer |
| 3. Evidence | Contract, payment records, full chat and email exports, inspection reports, translations | You and the lawyer |
| 4. Authentication | Notarise and apostille (or legalise) the power of attorney and your company's official documents | You, in your country |
| 5. Costs and assets | Estimate fees; check for assets; decide on preservation | Lawyer |
| 6. File and freeze | File the claim, with a preservation application where needed | Lawyer |
| 7. Hearing and judgment | Evidence exchange and hearing, often online; judgment | Lawyer; you attend only if needed |
| 8. Enforcement | Apply within two years of the payment deadline | Lawyer |
1. Can you sue, and whom?
Foreign companies bring claims in Chinese courts routinely. The question that matters is who exactly the defendant is. A Chinese company is identified by its registered Chinese name and 18-character Unified Social Credit Code, not by the English name on an invoice. Check that the company you contracted with is the one that received your payment. If the money went to an affiliate, a trading company or an individual, the claim may need to name them instead or as well.
2. Court or arbitration?
Your contract decides. A valid arbitration clause sends the dispute to the named institution, and a Chinese court will generally decline the case. Without any dispute clause, a contract claim can be brought in the court where the defendant is domiciled or where the contract is performed (Civil Procedure Law Art. 24). The parties to a foreign-related dispute can also agree in writing on a Chinese court (Art. 277).
If your contract names a court in your own country, the question becomes whether a judgment from that court can be enforced in China, which is harder than enforcing an arbitral award; see enforcing foreign awards and judgments in China and the China arbitration clause.
3. What evidence you need
- The contract, purchase orders, pro forma invoices and specifications.
- Bank transfer records showing the receiving account.
- Complete exports of email, WeChat and WhatsApp conversations, with dates. Electronic data is a recognised category of evidence (Civil Procedure Law Art. 66).
- Shipping documents, inspection reports and photographs where quality or delivery is disputed.
- Chinese translations of documents in other languages.
An admission by the supplier, in any form, is often the most useful document you have.
4. Can you do this without travelling to China?
Usually yes. A foreign company that wants a lawyer in a Chinese court must appoint a Chinese lawyer (Art. 274), and that lawyer acts under your power of attorney. Courts can hold filing, evidence exchange and hearings online with the parties' consent (Art. 16), and the Supreme People's Court's online litigation rules, in force since 1 August 2021, give online steps the same legal effect as in-person ones.
Your personal attendance may still be requested in some cases, for example where a court needs to verify original documents in person.
5. Documents you sign abroad: notarisation and apostille
- Power of attorney. A power of attorney sent from outside China must be notarised in your country and authenticated by the Chinese embassy or consulate, or go through the procedure under a treaty between China and your country (Art. 275). For countries party to the Apostille Convention, an apostille replaces consular authentication; the Convention took effect for China on 7 November 2023.
- Company documents. Official documents issued abroad, such as your certificate of incorporation, must be notarised in that country or go through the treaty procedure (Supreme People's Court Provisions on Evidence in Civil Procedures, Art. 16).
- Commercial documents such as your contract and correspondence are not official documents and do not need this step, but they will need Chinese translations.
Allow a few weeks for this, and prepare it early, especially if you may need to apply urgently to freeze assets.
6. What it costs
Court acceptance fees are set by regulation on a sliding scale: RMB 13,800 on a RMB 1,000,000 claim and RMB 81,800 on RMB 10,000,000. The losing party generally bears them. The preservation application fee is capped at RMB 5,000. Legal fees, translation and authentication are separate, and each side usually bears its own legal fees unless the contract provides otherwise. Details are in how much it costs to sue a Chinese company.
7. Freeze assets before or with the claim
A judgment is only worth what the supplier still has. You can apply to freeze bank accounts, receivables, equity or property before filing or during the case. Urgent applications are decided within 48 hours, security is required, and a pre-action freeze must be followed by proceedings within 30 days. See freezing a Chinese company's assets before you win.
8. How long it takes
Foreign-related cases are not bound by the statutory trial time limits that apply to domestic cases (Art. 287). In practice courts generally still aim to conclude a first-instance foreign-related case within about six months, but translation and authentication add time. Where a party has no domicile in China, it has 30 days from service of the judgment to appeal (Art. 286).
9. Judgment and enforcement
If the supplier does not pay after judgment, apply for enforcement within two years of the payment deadline. The court can search for and seize the supplier's assets, and a debtor that can pay but does not can be placed on the list of dishonest judgment debtors, which restricts travel, borrowing and business activity.
When to bring in a China lawyer
You will need one to file. The earlier a Chinese lawyer is involved, the more time there is to verify the defendant, prepare the authenticated documents and freeze assets before the supplier reacts. Our China supplier disputes page explains how we act for foreign buyers; how to recover money from a Chinese supplier covers the alternatives to suing.
Frequently asked questions
Yes. Foreign companies bring claims in Chinese courts routinely. A contract claim can be brought in the court where the supplier is domiciled or the contract is performed (Civil Procedure Law Art. 24), unless a valid arbitration or jurisdiction clause provides otherwise.
Usually not. You appoint a Chinese lawyer, who must be PRC-licensed if you want a lawyer (Art. 274), under a notarised and apostilled or legalised power of attorney (Art. 275). Courts can hold hearings online with the parties' consent (Art. 16), though a court may occasionally ask to see originals in person.
A power of attorney sent from outside China must be notarised in your country and then either authenticated by the Chinese embassy or consulate or processed under a treaty procedure (Art. 275). For Apostille Convention countries, an apostille is used; the Convention took effect for China on 7 November 2023.
Foreign-related cases are not subject to the statutory trial time limits (Art. 287), but courts generally aim to conclude a first-instance case within about six months. Document authentication, translation and any appeal add time; a party without a domicile in China has 30 days to appeal (Art. 286).
You can if your contract allows it, but a foreign court judgment is much harder to enforce in China than a foreign arbitral award. If the supplier's assets are in China, suing or arbitrating in a forum whose decision can reach those assets is usually the practical choice.
Sources
- NPC — Decision amending the Civil Procedure Law (2023); consolidated text used for Arts. 16, 24, 66, 274, 275, 277, 286 and 287.
- Supreme People's Court — Provisions on Evidence in Civil Procedures (2019 amendment), Art. 16.
- Supreme People's Court — Online Litigation Rules (in force 1 August 2021).
- HCCH — Apostille Convention status table — China in force 7 November 2023.
- Internal: what it costs to sue · freezing assets · China supplier disputes
This article is general information for foreign companies, not legal advice on any specific matter. Rules and practice change; please take advice on your facts.