Without a Written Contract, How to Prove the Existence of a Contractual Relationship?

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This must combine the specific situation to judge.

Where there is no written contract between the parties, and one party claims the existence of a contractual relationship between the parties by means of delivery note, receipt of goods, statement of settlement, invoice, etc., the people's court shall, in combination with the transaction mode and trading habits of the parties and other relevant evidence, make a determination on the establishment of the sales contract.

If the Pre-Arbitration Procedure Has Not Been Completed, Will the Arbitral Award Be Set Aside?

2026/10/14 14:42:38

——The Hong Kong Court's Latest Position: This Is a Question of Admissibility and the Court Has No Power to Review It.In a satellite development contract dispute one party sought to set aside an arbitral award o..

The Application of Law in Foreign-Related Arbitration: Friend or Foe?

2026/10/14 14:40:52

Lesso from a "Reveal" CaseIn foreignrelated arbitration the question of applicable law is often dismissed as a "technical detail" but a case I handled demotrates that it can be decisive as to j..

Why an HKD 83 Million "Loan" Was Held to Fall Within Arbitration: The Jurisdictional Trap in Cross-Border Construction Disputes

2026/10/14 14:39:19

An HKD 83 million payment—supported by a loan agreement bearing interest and with a standalone repayment mechanism. The company confidently commenced proceedings in the Mainland courts only to be told "This is..