Menu Close

Attorney Lyu from Quanzhou Quanzhou Discusses Circumstances Where the Losing Party Bears Attorney Fees

For foreign buyers dealing with suppliers in Quanzhou, the local commercial and industrial environment can be relevant when assessing supplier risk. Quanzhou has a large export-oriented manufacturing base covering footwear, textiles, consumer goods and industrial products. This local context can help a buyer determine what should be checked during due diligence, contracting, evidence preservation and dispute resolution.

After both parties sign a contract, if one party intentionally fails to perform the contract, forcing the other party to file a lawsuit and incur corresponding attorney fees, should these fees be borne by the defaulting party? The general rule in China regarding attorney fees is that the party who hires the attorney pays the fees. Certain special types of cases may allow for the opposing party to pay legal fees, such as intellectual property cases, unfair competition cases, and etc. In contract-related cases, according to a China Supreme Court’s precedent judgment, the party intentionally breaching the contract may also be required to pay legal fees. However, the application of this precedent judgment varies across different courts. I am Attorney Lyu from Quanzhou China. If you have any legal questions, feel free to contact me.

Phone Number(English OK): (86)-516-1879-5428-064

E-mail: lvqiang#lyuandassociates.com/quanzhou/ (please replace # with @)

Website: https://lyuandassociates.com/quanzhou/

Linkedin: https://www.linkedin.com/in/qiang-lyu-ab2b79261/

Supplier and Industry Context in Quanzhou

Businesses in Quanzhou are active in footwear, textiles, consumer goods, machinery and export manufacturing. Depending on the transaction, foreign buyers may encounter quality disputes, production delays, OEM disputes, non-conforming goods and payment disputes. For footwear, textile, consumer-goods and machinery transactions, buyers should pay particular attention to exact product specifications, approved samples, production tolerances, inspection arrangements and the identity of the contracting entity.

Quanzhou is part of Fujian and benefits from a dense network of export-oriented manufacturers and trading companies. These characteristics provide commercial context, but they do not by themselves determine the legal outcome of a particular dispute.

Legal Considerations for Buyers in Quanzhou

If a dispute has arisen with a supplier in Quanzhou, the buyer should normally establish the supplier’s legal identity, review the governing contract and preserve payment, shipping, inspection and communication records before taking further action. The appropriate strategy depends on the facts of the individual transaction and the available remedies.