Consulate General of India
Advisory on Trade Dispute Resolution – steps followed in Eastern China Region
In case an Indian Company doing business with a Company based in Eastern China Region ( ie. Municipality of Shanghai and provinces of Jiangsu and Zhejiang) is faced with any trade dispute, all possible help would be extended by the Consulate General of India in Shanghai to the aggrieved party to try and get the dispute resolved.
The complaint by an Indian company regarding any trade dispute pertaining to a company located in Shanghai Jiangsu and Zhejiang may be sent to Commercial Section of the Consulate in format at Annex I addressed to email@example.com with a copy to firstname.lastname@example.org. However, it may be underscored that trade dispute resolution process is long-drawn and involves following three stages:
- Upon receipt of the request for resolution of the trade dispute from the complainant, the Consulate acknowledges the receipt of the application and requests the complainant to provide the relevant information pertaining to the case in a prescribed ‘Trade Dispute Proforma’ (Annex I – enclosed and hyperlink).
- First Stage: After preliminary examination of the complaint the Consulate requests the accused Company to provide an explanation regarding the complaint within two weeks.
- In case a reasonable response is received from the accused company, the same is communicated to the Indian Complainant.
- Second Stage: If still unresolved, the complaint is forwarded to the local Chamber of Commerce or China Council for Promotion of International Trade (CCPIT) and local Foreign Affairs Office (FAO) with a request to take up the matter and impress upon the local company to resolve the matter. A response is requested to be provided to Consulate within three-four weeks.
- In some cases, upon intervention by local authrorities Chinese companies tend to pro-actively look into the matter for early resolution. The response is communicated to the Complainant as soon as it is received.
- Third Stage: In case the matter still remains unresolved, the Consulate requests the Complainant to take up the matter through judicial process/litigation as per the local laws. If requested by the Complainant, the Consulate can provide the contacts of local lawyers for taking the case further.
- At each stage of the dispute resolution the complainant is kept informed by the Consulate and is extended all possible help.