{"id":8342,"date":"2025-09-28T17:05:20","date_gmt":"2025-09-28T09:05:20","guid":{"rendered":"https:\/\/fdlaw.com.tw\/?p=8342"},"modified":"2025-09-28T17:05:21","modified_gmt":"2025-09-28T09:05:21","slug":"commercial-lawyer","status":"publish","type":"post","link":"https:\/\/fdlaw.com.tw\/en\/blog\/commercial-lawyer\/","title":{"rendered":"What to do about trade disputes? A must-know legal self-help guide for businesses | Professional international trade lawyers teach you 5 key steps"},"content":{"rendered":"
\"\u8cbf\u6613\u7cfe\u7d1b,\u5546\u696d\u7cfe\u7d1b,\u5951\u7d04\u7cfe\u7d1b,\u5546\u52d9\u5f8b\u5e2b\"
Trade disputes, commercial disputes, contract disputes, business lawyers<\/figcaption><\/figure>\n\n\n\n


International trade disputes are one of the most vexing issues for businesses. Customer defaults, disputes over product quality, contract breaches, fraud, and discrepancies in letters of credit can all lead to a company losing everything. According to statistics from the Taiwan High Court, over 3,000 trade dispute cases are filed annually, of which nearly 401,000 cases are unrecoverable due to a lack of prompt legal action.<\/h2>\n\n\n\n

\ud83c\udfc6 Our international trade law team (win rate 89%) combines practical trade experience with cross-border litigation strategies to tell you how to protect yourself in this business war!<\/p>\n\n\n\n

1. The 5 Most Common Types of Trade Disputes! Which One Has Your Company Been Affected?
<\/strong>What should a company do when its partners turn against each other? The following are the types of disputes that international trade lawyers most often handle in practice:<\/p>\n\n\n\n

    \n
  1. The buyer defaults on payment (52%, the most common)
    Typical situation: The buyer receives the goods but does not pay the balance due to any reason (such as "quality not meeting the standards" or "order cancellation").
    Key legal provisions:
    According to Article 367 of the Civil Code: "The buyer has the obligation to pay the agreed price to the seller."
    Article 244 of the Civil Procedure Law states: "A request for payment of money may be brought to the court in the buyer's place of residence."<\/li>\n\n\n\n
  2. Goods quality disputes (accounting for 28%)
    Common traps: "Buyers maliciously return goods after receiving them" or "replacing them with inferior goods and then falsely accusing the supplier"
    Key points of legal offense and defense:
    Article 354 of the Civil Code states: "The seller shall guarantee that the goods possess the agreed quality."
    Key to practice: Objections must be raised within the acceptance period, otherwise you may lose your rights!<\/li>\n\n\n\n
  3. Contract breach (12%)
    Risk of "unfair contract terms": Many small and medium-sized enterprises only discover they have been cheated after signing unfair contracts
    Lawyer's advice:
    Five essential clauses in trade contracts (payment terms, liability for breach of contract, jurisdiction, arbitration clause, force majeure)
    Article 250 of the Civil Code states: "If the liquidated damages are excessive, the court may be requested to reduce them."<\/li>\n\n\n\n
  4. Fraud or malicious debt default (6%)
    Common techniques:
    Fake companies defrauding goods (fake companies disappear after taking orders)
    Letter of credit fraud (issuing false or unredeemable letters of credit)
    Emergency Response:
    Check company registration with the Department of Commerce, Ministry of Economic Affairs immediately
    Apply for provisional attachment to prevent the other party from dispossessing the property<\/li>\n\n\n\n
  5. International Trade Logistics Disputes (2%)
    Shipping delays, cargo damage, and cargo release without documents
    Applicable Law:
    Article 56 of the Maritime Code (Time Limit for Claiming Cargo Damage)
    Convention on the International Sale of Goods (CISG) (applicable to transactions between Taiwanese businesses and European and American businesses)<\/li>\n<\/ol>\n\n\n\n

    2. Three urgent actions companies must take when a trade dispute breaks out<\/strong>
    \u2705 Action 1: Immediately preserve all evidence
    Required documents:
    Order, quotation, PI (Proforma Invoice)
    Emails, LINE\/WhatsApp conversation records
    Shipping order, bill of lading (B\/L), acceptance documents
    The lawyer reminds: "If the other party starts to read the message but does not reply" is a dangerous signal!
    \u2705 Action 2: Send a formal "documented letter" to remind
    Legal significance: Prove that you have fulfilled your "obligation to notify"
    Key content:
    Notice of payment deadline (usually 7 to 15 days)
    Indicates that "legal action will be taken if the deadline is exceeded"
    Mistake: Using only LINE to collect payments (weak legal effect)
    \u2705 Action 3: Evaluate your litigation or negotiation strategy
    Advantages and disadvantages of strategy application
    The other party in the lawsuit is maliciously defaulting on payment, and the amount is large. Enforcement is strong, but it takes time (6 months to 2 years).
    Mediation\/arbitration can be resolved quickly and maintain business relationships for 1-3 months, but may require concessions.
    Private settlement: The other party is willing to repay but needs to pay in installments. It is flexible but not mandatory.<\/p>\n\n\n\n


    III. Five Key Strategies for Success for International Trade Lawyers<\/strong>
    \ud83d\udd25 Strategy 1: Choose the most favorable jurisdiction
    Taiwanese Courts vs. Foreign Courts vs. International Arbitration?
    A common pain point for Taiwanese companies: Contracts stipulating that "litigation must be filed in the other country" leads to skyrocketing costs of cross-border litigation!
    \ud83d\udd25 Strategy 2: Apply for a "pre-seizure" to freeze the other party's assets
    Applicable time: Worried about the other party leaving the company
    Keys to Success:
    Provide security deposit (approximately 20%~30% of debt)
    Article 522 of the Civil Procedure Law: Explanation of "Likely Difficulty in Enforcement in the Future"
    \ud83d\udd25 Strategy 3: Utilize International Debt Recovery Channels
    Applicable to: Foreign buyers with malicious defaults
    Practical approach:
    Entrust local lawyers to enforce the judgment
    Assistance through the International Chamber of Commerce (ICC)
    \ud83d\udd25 Strategy 4: Seek punitive damages (if fraud is involved)
    Key provisions: Civil Code, Articles 184 (torts), 227 (default)
    Successful case: Our firm represented a Taiwanese businessman in seeking triple liquidated damages from a Chinese buyer
    \ud83d\udd25 Strategy 5: Use Trade Insurance to Mitigate Risk
    Applicable situation: long-term international trade
    Recommended plan:
    Export insurance (China Trust, CITIC Bureau)
    Letter of Credit Insurance<\/p>\n\n\n\n


    IV. Three Contract Skills for Preventing Trade Disputes<\/strong>
    \ud83d\udccc Tip 1: Include a "Breach of Contract Penalty Clause" in the Contract
    For example: "Delayed payment will be subject to an additional interest of 0.05% per day"
    Legal basis: Article 250 of the Civil Code (liquidated damages)
    \ud83d\udccc Tip 2: Choose a "favorable jurisdiction" clause
    Prioritize "Taiwan Court Jurisdiction"
    If the other party insists on a foreign court, at least choose "international arbitration" (such as Singapore SIAC)
    \ud83d\udccc Tip 3: Avoid the high-risk "DP (Document Against Payment)" payment method
    \u2705 Safer payment method:<\/p>\n\n\n\n

    Letter of Credit (L\/C) (Bank credit must be confirmed)
    T\/T 30% deposit + 70% payment upon bill of lading<\/p>\n\n\n\n

    5. Why should you contact a professional trade dispute lawyer \u201cimmediately\u201d?<\/strong>
    \u23f3 Time is money! Trade debts exceeding 60% are difficult to recover after 6 months
    Evidence may be lost (the other party deletes emails or closes the company)
    International statute of limitations (e.g., only 2 years in China, 3 years in the EU)<\/p>\n\n\n\n


    \ud83d\udea8 Our "Four Major Advantages"
    Multinational team: Collaborate with local lawyers in more than 12 countries to directly tackle overseas debts
    Negotiation + Litigation Dual Strategy: Case 75% Successfully Settled Before Litigation
    AI Contract Review System: Find Contract Vulnerabilities in 5 Minutes
    Transparent quotation: evaluate the winning rate first and then quote, no random charges<\/p>\n\n\n\n


    \ud83d\udcde Free legal consultation for a limited time (providing a "dispute risk assessment form")
    Consultation Hotline:02-77093611<\/a><\/p>\n\n\n\n


    LINE consultation: @fdlaw
    "Trade disputes are like 'business cancer'; delaying them only worsens! We once helped a client recover 8 million yuan in payments within three weeks. The key lies in swift, decisive, and precise legal action."<\/p>\n\n\n\n

    -- Li Yusheng, Principal Attorney at Fidelity Law Firm (specializing in international trade law for 20 years)<\/p>\n\n\n\n

    \u270d\ufe0f What\u2019s next for you?<\/p>\n\n\n\n

    1\ufe0f\u20e3 Download the "Trade Dispute Self-Help Manual" \ud83d\udc49 Get it now<\/p>\n\n\n\n

    2\ufe0f\u20e3 Scan the QR code to analyze your case risk level<\/p>\n\n\n\n

    3\ufe0f\u20e3 Make an appointment with a lawyer now and don\u2019t let your accounts receivable become bad debts!<\/p>\n\n\n\n\n\n

    Fuda Law Firm<\/a>Specializing in the field of legal counsel, the team's lawyer members all have rich practical experience and long-term experience in serving listed companies and small and medium-sized enterprises, and can provide assistance. If you have any needs, you can contact our firm at any time.<\/p>\n\n\n\n

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    What is the importance of a corporate counsel attorney? How to choose corporate legal counsel? How much does legal counsel cost?<\/a><\/blockquote>