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Adrian Liu · China supplier disputes

China Supplier Dispute Lawyer

You paid a Chinese supplier and nothing shipped. The goods failed. A refund keeps moving. The factory is holding your tooling, or your design has appeared in the market. The first useful step is to establish the Chinese entity, the evidence, the available assets and the legal route before more money or leverage disappears.

USD 35060-minute triage
USD 1,950written assessment of one dispute, from
USD 2,500demand letter, from

Discuss the supplier problem →Fees & process

Adrian Liu on a supplier visit; company identification and other faces redacted
On a supplier visit. Company identification and other faces redacted.

At a glance: start with five questions

  • Which Chinese company made the promise?
  • Who received the money?
  • What does the signed record require?
  • What can you prove now?
  • What asset or commercial pressure can the next step realistically reach?

Open the part that matches your question. Each section is complete on its own.

What should I do in the first seven days of a supplier dispute?

What to secure before the supplier knows you are acting.

Early decisions change the evidence and the commercial position. The order matters.

  1. Preserve the original record.Keep the signed agreement, purchase orders, quotations, invoices, payment confirmations, emails, WeChat or other message histories, inspection material and attachments. Export complete threads where possible. Do not edit the originals.
  2. Identify the registered Chinese entity.Map the company seal, invoice issuer, bank beneficiary, factory and trading company. An English trading name is not enough to identify the defendant or the recipient of a formal demand.
  3. Pause new discretionary payments while the position is reviewed.Do not send the next deposit simply to preserve the relationship. At the same time, do not assume you can withhold an undisputed amount that is already due. That can create a separate debt claim and affect tooling or settlement leverage.
  4. Do not sign a new release, settlement or termination document casually.A refund promise can help, but wording on release, jurisdiction, instalments and default can also narrow the original claim. Review the document before replacing the old record with a new one.
  5. Keep the goods, samples and technical trail.For a quality dispute, separate the disputed batch, record serial or lot numbers, retain the approved sample and keep the test method. If a laboratory is needed, decide the standard and chain of custody before testing.
  6. Check whether there is anything to recover against.A strong claim against an empty or disappearing company is a different commercial decision from a claim against an operating supplier with visible assets and continuing business.
  7. Choose the next stage before sending threats.Decide whether the next step is evidence preservation, a demand letter, negotiated settlement, asset preservation, litigation or arbitration analysis. Escalation should serve that route.

What decides the result of a supplier dispute in China?

Party, forum, preservation, time limits, evidence, service and enforcement.

The correct party and forum

A contract can point to a mainland company, a Hong Kong payee, a different invoice issuer and a separate factory. Liability and jurisdiction do not automatically follow the money. The entities and their roles need to be mapped before a claim is framed.

The dispute clause also matters. A useful claim still needs a court or arbitral forum that has jurisdiction and can produce an outcome you can enforce.

Asset preservation before the case

In an urgent case, a Chinese court can grant pre-action preservation before the lawsuit or arbitration begins. The applicant generally needs security and useful asset information. Where the statutory urgency test is met, the court is required to decide quickly; once pre-action preservation is taken, the merits case must follow within the statutory period.

This is a targeted tool. It is most useful when there is a real risk that assets will move or disappear.

Limitation periods

Do not assume every supplier claim has the same deadline. The general PRC limitation period for civil claims is three years. Claims arising from international sale of goods and technology import or export contracts have a four-year period. The start date, acknowledgements, demands, interruption and the exact cause of action can change the analysis.

If a deadline may be close, review it before spending time on informal negotiation.

Foreign evidence and formalities

Chinese courts distinguish ordinary foreign evidence from particular public documents and identity-related evidence. Some documents formed outside China require notarisation or treaty formalities, and foreign-language written evidence needs a Chinese translation. Apostille procedures may replace consular legalisation where the relevant convention applies.

Do not formalise every document in the file at the start. Identify what the court will actually need and prepare that set early.

Service and cross-border procedure

Foreign parties can add procedural steps for authorisations, corporate-status documents, translation and service. International judicial-assistance channels may also affect timing. These are reasons to prepare early, especially if preservation or a filing deadline matters.

Enforcement after judgment

A favourable judgment and actual recovery are different stages. Asset clues, the supplier’s registered status and preservation strategy can matter as much as the merits. A recovery plan should consider enforcement before litigation spend is committed.

What can a China lawyer do, and where does the scope stop?

China-side legal work, and what needs other specialists.

China-side legal work

  • Review the contract, payment trail and evidence.
  • Check the registered counterparty and related public records.
  • Prepare a bilingual demand or pre-litigation letter.
  • Support negotiation and document a settlement.
  • Assess litigation, arbitration and preservation options.
  • Coordinate with overseas counsel and technical specialists.

Separate work or external specialists

  • Laboratory testing and engineering conclusions.
  • Foreign-law advice outside mainland China.
  • Private investigation or asset tracing outside the agreed legal scope.
  • Guaranteed collection or a promised litigation result.
  • Proceedings against an entity that has not first been identified and connected to the transaction.

What does a supplier dispute cost?

Triage, assessment, demand letters and proceedings.
StageStarting feeTypical purpose
60-minute dispute triageUSD 350Decide whether further legal work is commercially sensible and identify the next information needed.
Written supplier dispute assessmentfrom USD 1,950One defined transaction, one principal counterparty and the agreed core evidence set.
Demand or pre-litigation letterfrom USD 2,500Bilingual formal escalation after the recipient, evidence and requested remedy are clear.
Tooling and mould dispute assessmentfrom USD 1,950Ownership, possession, payment issues and recovery options for identified tooling.
48-hour incident supportfrom USD 3,500Urgent evidence plan, registry check and first formal response within the agreed incident scope.
Negotiation or settlement draftingquoted by scopeResponse rounds, calls, instalment terms, releases, security and default provisions.
Litigation or arbitration representationquoted after assessmentForum, claim, preservation, evidence, hearing and enforcement needs are priced after the dispute has been assessed.

These are starting prices for the standard scope. Complexity, urgency, the number of parties, the evidence volume and the chosen forum can change the fee. The final scope and fee are confirmed in writing before paid work begins.

Selected matters

Three completed disputes I handled. Names, products, places, dates and amounts have been removed or changed, and some facts have been combined. They show the type of work involved and do not promise any outcome.

A start-up payment that was part of the price

An overseas buyer ordered specialised modules through a Chinese manufacturer's online portal. The manufacturer missed the delivery date and could not reach the agreed specification. I acted for the buyer. The court treated the portal confirmations and support tickets as the manufacturer's own statements, upheld the termination, and ordered return of the payment with the compensation the contract provided. It refused a double-deposit award because the contract never gave the payment that character.

Read the full account →

Questions from overseas buyers

Can a Chinese court freeze a supplier’s bank account before I sue?

In an urgent case, pre-action preservation may be available before the main lawsuit or arbitration. The application needs a legal basis, useful asset information and security. If preservation is granted before the merits case begins, the claim or arbitration must follow within the statutory period.

Do I need to travel to China for a supplier dispute?

Often the early work can be handled remotely, including evidence review, entity checks, a demand letter and litigation planning. Whether you later need to attend depends on the forum, evidence and procedure. Do not book travel before the procedural route is clear.

Which company do I claim against if the contract, invoice and bank account show different names?

Do not choose from the English names alone. The registered Chinese entities, the company seal, the payment beneficiary, invoices and the performance record need to be mapped first. Different entities can have different roles and different liability.

How long do I have to bring the claim?

The answer depends on the claim. The general PRC limitation period for civil claims is three years, while disputes arising from international sale of goods and technology import or export contracts have a four-year period. The start date, interruption and other rules still need to be checked against the facts.

Can WeChat, WhatsApp and email be used as evidence?

Electronic communications can be important evidence, but preserve the original data and context. Keep the device or account where possible, export complete threads, retain attachments and payment records, and avoid relying only on selected screenshots.

Will a lawyer’s demand letter make the supplier pay?

No. A demand letter is useful when it reaches the correct entity, states a provable breach and points to a credible next step. It cannot freeze assets, create missing evidence or guarantee a response.

Can I rely on my overseas customer’s inspection report?

It depends on the contract, the standard used, how the tested goods are linked to the supplier’s batch and how the report was created. A foreign report can be useful evidence, but it does not automatically prove non-conformity under the contract.

When is a supplier dispute too small to pursue?

There is no universal number. The claim amount, evidence, counterparty assets, forum, urgency and likely legal spend all matter. A short triage is designed to answer that commercial question before you commit to a larger scope.

Further reading

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