Introduction
Non-delivery disputes are very common in cross-border trade with Chinese suppliers, especially where transactions begin online or through trading platforms.
In many cases, the buyer assumes production has started, while in reality the supplier has not committed sufficient resources—or in some cases, never intended to perform.
How These Cases Usually Develop
A typical pattern looks like this:
- Initial communication is smooth and professional
- Sample approval or order confirmation is provided
- Payment is made (often 30%–100%)
- Delivery is repeatedly delayed
- Eventually, communication stops entirely
Legal Position in China
From a legal perspective, non-delivery after payment is a clear breach of contract.
However, the practical question is whether the supplier:
- Is still operating
- Has reachable assets
- Can be located and served in court proceedings
What Foreign Buyers Can Do
In practice, legal response usually includes:
- Sending a formal demand notice
- Preparing litigation documents in China
- Filing a lawsuit in the competent court
- Applying for asset preservation measures
Practical Challenge
The most difficult part is not filing the case, but locating assets that can actually be enforced.
This is why we often combine litigation with asset investigation at an early stage.
Conclusion
If goods are not delivered, legal remedies exist in China, but the effectiveness of recovery depends heavily on early action and asset visibility.