The supplier may, subject to a separate written agreement in all cases, provide the additional services reasonably necessary to the customer to use the results after termination under the terms of this service agreement. CHINCA members also include service providers such as financial institutions, insurance companies, logistics firms, consulting and law firms, as well as suppliers of machinery, equipment and building materials. – – Tel: – E-mail: including, but not just on market research, competitive intelligence, customer survey (“providers”) services 4. The location of the dispute should be in the district where the Chinese defendant has its main place of business. Many foreign parties will seek an agreement for jurisdiction in a neutral district such as Beijing or Shanghai. It`s a mistake. First, the Chinese courts will simply ignore such agreements. Second, and more importantly, Chinese courts are reluctant to impose judgments on other districts, and they often ignore the injunctions of Chinese courts in other districts. This means that if you receive a verdict in Beijing, but you have to impose it in Chengdu against your Chinese counterpart, you may not be able to do so.
This service agreement does not affect the terms and conditions of other agreements between the supplier and the customer. All disputes arising from this agreement must be resolved by consultation and reconciliation between the parties and, if attempts at an amicable solution are exhausted, the dispute will ultimately be settled by Chinese arbitration within the International Commission for Economic and Commercial Arbitration (CIETAC) for an arbitration procedure in Shanghai, in accordance with the arbitration rules in force at the time. The arbitral award of such arbitration is final and enforceable in any competent jurisdiction, the parties intend to exclude in all arbitration proceedings that arise under the right of appeal. This arbitration agreement does not interfere with a party`s right to seek fair remedies or other fair remedies that are edough and/or that result in arbitration proceedings. An application for omission made by a party to a court does not classify the obligation of conciliation. First, there must be a written contract between the parties, which is executed by both parties in accordance with Chinese legal requirements.