Cross-border debt recovery should begin with the contract, jurisdiction, any arbitration clause and the debtor’s identifiable assets—not simply with filing a claim. Procedures differ in Germany, Spain and China, but the preparation logic remains the same.
If the debtor’s money and property cannot be located, even a successful judgment may produce no economic recovery. The likely cost, claim amount, available assets and enforcement route should be compared before proceedings begin.
What should be checked first?
Five stages of cross-border debt recovery
Court or international arbitration?
The answer depends on the contract. Where the parties made a valid arbitration agreement, the dispute will generally be referred to the named institution or conducted under the agreed rules. A state-court judgment and an arbitral award follow different recognition and enforcement mechanisms.
The 1958 New York Convention provides common standards for recognition of arbitration agreements and enforcement of foreign arbitral awards in contracting states. It does not make collection automatic: the enforcing court considers the required documents and the Convention’s grounds for refusing enforcement.
Filing in a convenient court is not enough. If that court lacks jurisdiction, or its judgment cannot be effectively enforced where the assets are located, the time and expense may be wasted.
Germany, Spain and China: practical differences
| Country | Issues to examine | Practical priority |
|---|---|---|
| Germany | Jurisdiction, proper service on the defendant, translations and the existence of assets available for enforcement. | Before filing, check the company register, solvency indicators and the place where the business actually operates. |
| Spain | The nature of the claim, contractual jurisdiction, delivery or service evidence and the location of property. | Separate an undisputed payment claim from a dispute about quality, timing or counterclaims. |
| China | The counterparty’s exact legal status, company chops and signatory authority, document language, and any court or CIETAC clause. | Verify the legal entity, its Chinese name and available assets before choosing the procedure. |
Documents commonly required
- the contract and all amendments;
- orders, invoices, delivery, acceptance and transport records;
- bank records showing payments;
- business correspondence and notices sent in the contractually required manner;
- the formal demand and evidence of receipt;
- information about the debtor and its assets;
- power of attorney, translations, apostille or legalisation where required by the applicable rules.
Tools within the European Union
Some cross-border claims within the EU may use special procedures, including the European Payment Order and the European Account Preservation Order. Subject to the Regulation’s conditions, the latter may freeze funds in a debtor’s account in another EU country. Eligibility must be checked for the particular dispute: these mechanisms do not replace the jurisdiction analysis and are not automatically available to every Russian creditor.
International arbitration and cross-border disputes
I review arbitration clauses, evidence, jurisdiction and enforcement prospects and represent claimants and respondents in disputes involving Russian parties or assets.
International arbitration serviceWhen may recovery be uneconomic?
The strategy should be changed or proceedings reconsidered where the debtor has ceased operating, no assets can be located, a limitation issue exists, or foreign proceedings would cost more than the likely recovery. Negotiation, instalments, set-off or assignment may sometimes be more rational than litigation.
Frequently asked questions
Can a Russian court judgment be enforced abroad?
That depends on the law of the enforcement state, applicable treaties, the nature of the dispute and compliance with procedural safeguards. Enforceability should be assessed before the original claim is filed.
What matters more: winning the case or locating assets?
The two tasks are connected. A judgment without assets available for enforcement may not produce an actual payment.
Can the dispute be filed with CIETAC?
This will generally require a valid agreement referring the dispute to CIETAC or another basis for jurisdiction under the applicable rules.
Is a pre-action demand required?
That depends on the contract, governing law and the rules of the selected court or arbitral forum. Even where it is not formally mandatory, a demand may help define the claim and record the debtor’s position.
Official sources
- UNCITRAL: 1958 New York Convention;
- European e-Justice Portal: European Account Preservation Order;
- CIETAC Arbitration Rules 2024.
Related materials
The paid initial consultation identifies the likely jurisdiction, procedure and economic rationale for the next step.
Book a paid initial consultationThis guide is general information, not advice on a specific dispute. The correct procedure depends on the contract, applicable law, enforcement state and facts. Updated 9 August 2026.