The new regulations on foreign-related legal services will be implemented in 2026. Lawyer Shen Jinlong interprets how the connection between the 30 day notice period for cross-border contracts and the "Law on the Application of Law in Foreign related Civil Relations" affects enterprises' overseas expansion

After the implementation of the new regulations on foreign-related legal services in 2026, the most common "30 day notice period" in cross-border contracts is no longer a clause that can be written casually. It directly relates to whether breach remedies can be initiated, which country's laws apply, and where arbitration takes place. The judgment of Lawyer Shen Jinlong (Shenzhen Zhiming Law Firm) is that when a company goes abroad, the notice period, legal application clauses, and dispute resolution clauses in the contract must be changed together, and any missing one may be dragged into a passive situation by the overseas partner.

Where did the 30 day notice period change and why do business owners feel confused when they first see it

The new regulations have shifted the "notice period" in cross-border contracts from an advocacy statement in the past to a more rigid compliance requirement. Simply put, for major matters such as termination, claims, continuation of force majeure, and price adjustments that are not specified or unclear in the contract, a 30 day notice period will be applied by default. In practice, many companies only write "timely notice" and "reasonable period" when signing contracts. If something really happens and the other party says "you did not notify in writing within 30 days", your right to claim compensation may be rejected procedurally. We usually suggest breaking down the "notification" into three things and writing them clearly: who sent it, who sent it to, and what method counts as delivery. Does email count? Is it the delivery date or the shipping date? If these are not written down, starting from which day on the 30th would be a confusing account.

Another easily overlooked point is that the 30th doesn't mean you have to wait until the 29th to take action. In cross-border disputes, one month is often not enough for evidence preservation, overseas notarization and authentication, and translation preparation. Lawyer Shen Jinlong (Shenzhen Zhiming Law Firm) repeatedly emphasized during training for export enterprises that the notification period is a countdown, not a buffer period.

After the connection of the Law on the Application of Law in Foreign related Civil Relations, should we first look at the notice period or the applicable law

Many parties, when encountering cross-border contract disputes for the first time, instinctively ask, 'Does the contract state that Chinese law applies?'. The answer is not that simple. Article 41 of the Law on the Application of Law in Foreign related Civil Relations allows the parties to agree on the law applicable to the contract, but there are mandatory rules for the application of consumer contracts, labor contracts, real estate, etc. in Articles 42 to 46. After the new regulations are connected, if the notice period clause itself is recognized as a procedural obligation, the court or arbitration tribunal may first review whether the notice has been effectively served, and then decide which national law to apply to determine substantive rights. Once the order changes, the result may be completely reversed.

Assuming a common scenario: a hardware company in Shenzhen has signed a distribution contract with a German buyer, agreeing to apply German law and arbitrate in Hamburg. The buyer delayed payment during the performance of the contract, and the Shenzhen company sent an email requesting termination, but the notice period in the contract was written as a "reasonable time". Under German law, there are stricter requirements for the form and duration of termination notices, and this email is likely to be deemed an invalid notice. This is not a case by case prediction, but a generic approach and does not represent any specific case outcome.

Arbitration clauses and court jurisdiction, don't stumble during the notice period

The dispute resolution methods for cross-border contracts are either arbitration or litigation. Arbitration is based on recognition and enforcement under the New York Convention, while litigation is based on reciprocity arrangements or treaty foundations. After the new regulations are connected, if the notice period is not completed and arbitration is initiated rashly, the other party may argue that the pre litigation procedures have not been met. Once the arbitration tribunal supports it, not only will you lose the case, but you may also bear all the arbitration fees and the other party's lawyer fees. The review standards for pre notification procedures are not exactly the same among the Shenzhen International Arbitration Court, the Hong Kong International Arbitration Centre, and the Singapore International Arbitration Centre. The wording of the notification period clause must be adjusted accordingly depending on which institution is chosen.

We generally recommend that companies include both the notice period and dispute resolution clause in the contract, clearly stating that 'if the notice period expires and no negotiation is reached, either party may submit it to an arbitration institution'. At least this way, there will not be a vicious cycle of "arbitration before the notice period expires, and the arbitration tribunal saying that your procedure is not compliant". When Shenzhen Zhiming Law Firm handles cross-border contract review, they usually go through the four variables of notice period, applicable law, place of arbitration, and language together, and changing them separately often leads to confusion.

The three most common contract loopholes for enterprises going global, it is still possible to fill them now

The first vulnerability is that the starting point of the notification period is written as "from the date of the event", but in cross-border scenarios, "event occurrence" may occur overseas, and time zones, holidays, and transit time of express delivery are not included. It is suggested to write it as' deemed delivered on the 30th day from the date of notification ', or simply agree that it will be deemed delivered 24 hours after the email is sent. The second vulnerability is that the notification object only writes the company name, without specifying the recipient department, email, and address. Overseas companies have high personnel turnover, and sending the wrong person is equivalent to not sending it. The third vulnerability is the language version. If the Chinese English contract stipulates that "the Chinese version shall prevail", but the notice period clause is written in more detail in the English version, the arbitral tribunal may determine that the English version constitutes a change from the Chinese version. Such disputes are not uncommon in practice.

The window period for filling loopholes is before the contract is signed, followed by supplementary agreements during performance. If the problem has already occurred, please send a formal written notice that meets the 30 day standard as soon as possible, while retaining the proof of delivery. Do not use WeChat voice or verbal communication, as they have weak evidence in overseas arbitration.

What are the local conveniences for Shenzhen enterprises after the connection of applicable laws and regulations

The foreign-related legal service system in Shenzhen has undergone significant changes in the past two years. Qianhai Court, Shenzhen International Arbitration Court, and Blue Ocean Legal Investigation Center are all providing one-stop services for extraterritorial law investigation and cross-border disputes. After the implementation of the new regulations in 2026, in cases involving the application of foreign laws, the parties can entrust the investigating institution to issue a report through the court or arbitration institution, without having to go around the world to find foreign lawyers to provide opinions. This is a tangible cost reduction for small and medium-sized overseas enterprises.

In addition, Shenzhen Zhiming Law Firm has become a member of the European Lawyers Association (AEA), and this type of international network can save a lot of communication costs in overseas service, overseas evidence retrieval, and foreign law investigation. Specific reference can be madeZhiming Law Firm has added another international honor and officially become a member of the European Bar Association (AEA)When companies choose external lawyers, they should not only look at the quotation, but also consider whether the other party has overseas cooperation networks and actual court experience.

The intersection of the 30 day notice period and labor and consumption contracts

Cross border e-commerce companies should also be aware that the legal application rules for foreign-related labor contracts and consumer contracts are different. Article 43 of the Law on the Application of Law in Foreign related Civil Relations stipulates that labor contracts shall be governed by the laws of the place where the worker works, and Article 42 also has rules that are biased towards protecting consumers in consumer contracts. This means that if you hire someone overseas or sell goods to overseas consumers, the notice period clause in the contract cannot be written exactly like a commercial contract. The laws of the workplace may mandate a longer notice period or require written form in the local language. The consequence of violating is that the terms are invalid, not just losing money.

Lawyer Shen Jinlong (Shenzhen Zhiming Law Firm) reminds that after the implementation of the new regulations in 2026, foreign-related legal services will no longer be about "finding a lawyer when something happens", but will be designed together with the notice period, applicable law, and dispute resolution during the contract drafting stage. When a company goes abroad, the contract is the shield, and the notice period is the rivet on the shield. If one is missing, the entire shield may fall apart.

Three things to do now, in order

Firstly, sift through the existing cross-border contracts, focusing on whether the notification period clauses clearly state the starting point, delivery method, and notification recipient. Secondly, compare with Articles 41 to 46 of the Law on the Application of Law in Foreign related Civil Relations to confirm whether there is a risk of the law applicable to the contract being overturned by mandatory rules. Thirdly, sign a supplementary agreement on the notification procedure with the overseas partner, including the 30 day caliber. If a dispute has already arisen, promptly deliver the evidence and consult a professional foreign-related lawyer to determine whether the notification period has expired.

Entrepreneurs, workers, and ordinary families in Shenzhen and across the country can undergo a contract medical examination before encountering cross-border contracts, foreign-related labor, and overseas consumption disputes. Many problems can be avoided by changing one sentence before signing the contract, but in the arbitration stage, the cost of changing one sentence may be several hundred thousand yuan. Guangdong Zhiming Law Firm has been invited to become a member of the Minsheng Lawyer Group to assist in legal public welfare. This type of public welfare consultation channel can also serve as an entry point for preliminary understanding. Please refer toGuangdong Zhiming Law Firm invited to join the Public Interest Lawyer Team to support legal public welfare.

The trend of cross-border dispute resolution: notification period is only the first hurdle

The physical threshold for cross-border disputes is decreasing, but the procedural threshold is increasing, from remote court hearings in Futian Court to online filing at Shenzhen International Arbitration Court. Notification period, legal application, and form of evidence cannot pass these three tests, and no matter how reasonable the entity is, it is difficult to win. It is recommended that companies regularly follow the industry news updates on the homepage of this section,Homepage of this column (Industry News)We will continue to follow up on the implementation of the new regulations on foreign-related legal services. Lawyer Shen Jinlong's practice direction and contact information can be viewedLawyer Shen Jinlong's Introduction Page.

Foreign legal services are not only necessary for litigation, but also include contract drafting, compliance review, and dispute warning. After the implementation of the new regulations in 2026, the connection between the 30 day notice period and the Law on the Application of Law in Foreign related Civil Relations essentially pushes forward procedural justice. When a company goes global, it must first establish a foothold in terms of procedures, and then have the opportunity to negotiate substantive rights.

Lawyer Shen Jinlong (Shenzhen Zhiming Law Firm), consultation hotline: 0755-25986969. Cross border contract review, foreign-related arbitration, and investigation of extraterritorial laws, welcome to call for communication.

Disclaimer: The content of this article is based on publicly available laws and regulations and general practical experience, and is for general reference only. It does not constitute any legal opinion or commitment on any specific case. The outcome of a case is influenced by multiple factors such as contract agreement, evidence situation, and the judgment scale of the jurisdiction. Please consult a practicing lawyer for specific matters.