Dispute Resolution

Absolutely. Our Pre-Dispute Strategy & Risk Mapping service provides a clear strategic roadmap with cost and timeline predictions before you commit significant resources to litigation. In many cases, a well-prepared negotiation strategy can resolve disputes more efficiently and cost-effectively than court proceedings. We help you understand all your options before making that decision.

Litigation is conducted in PRC courts and follows the Civil Procedure Law, while arbitration is handled by arbitral institutions (such as CIETAC or BAC) under the Arbitration Law. Arbitration is often preferred for international commercial disputes because awards are enforceable in over 170 countries under the New York Convention. We can represent you in both forums and advise on the most strategic choice for your specific situation.

Costs vary significantly depending on the complexity and stage of the dispute. Our Pre-Dispute Strategy service is offered at a fixed price, giving you a clear understanding of potential costs before proceeding. For case preparation and negotiation support, we provide project-based fixed pricing. Full litigation/arbitration representation is quoted separately based on case specifics. Contact us for a detailed assessment.

One of the most common blockers — the English trade name on an invoice is usually not the registered legal entity. Without the exact Chinese legal name and Unified Social Credit Code, you cannot sue, file for arbitration, or apply for asset preservation. Recovery methods: (1) reverse-lookup via the National Enterprise Credit Information Publicity System (gsxt.gov.cn) using the Chinese business license seen on pro-forma invoices; (2) check the WeChat Pay / Alipay merchant name on payment receipts; (3) commission a local agent to pull AIC registration from the trademark or address. Typically 1-3 business days.

Two routes under PRC Civil Procedure Law: pre-litigation preservation (Art. 104) — file with the court before arbitration/litigation, requires counter-security usually equal to 100% of the amount preserved; or in-litigation preservation (Art. 103) — filed during the case, sometimes with lower security. You must identify specific bank accounts, real estate, equity, or receivables — "freeze everything" motions are rejected. Processed within 48 hours for urgent cases. Critical timing: file BEFORE you send any demand letter. Alerted suppliers typically move funds within 72 hours, after which preservation becomes theoretical.

Depends heavily on the origin country. China has bilateral judicial-assistance treaties on judgment recognition with ~40 countries (France, Russia, Italy, UAE, etc.); judgments from these are recognizable subject to review. The US and UK have no such treaty; enforcement relies on reciprocity, and since the 2022 SPC judicial conference memorandum, Chinese courts apply "presumptive reciprocity" — US/UK judgments are now recognized more routinely, but each case still requires proving reciprocity. Arbitration awards are much easier: the New York Convention makes them enforceable in over 170 countries, including China. If the dispute is not yet filed, arbitration is almost always the better forum.

Core documents: (1) the signed contract with any amendments — every page stamped if the Chinese party is a company; (2) all communications showing formation and breach — WeChat, email, DingTalk, with timestamps; (3) payment records — bank wire confirmations, not just invoices; (4) performance documents — bills of lading, inspection reports, quality certificates; (5) damage quantification — invoices for replacement goods, lost-profit calculations. Foreign-sourced evidence requires notarization plus Chinese embassy authentication (or apostille under the 2023 Hague Convention for covered jurisdictions). Digital evidence — screenshots must be notarized or preserved via a judicial blockchain platform.

CIETAC fees are scale-based on the disputed amount. Example: a USD 500,000 dispute incurs an arbitration fee of approximately RMB 100,000 (institutional fee plus arbitrators' fees); counsel fees are additional. CIETAC 2024 fee schedule: disputes under RMB 1 million capped around RMB 35,000; RMB 10 million around RMB 250,000; RMB 100 million around RMB 1.3 million. Expedited procedure (disputes under RMB 5 million or by parties' agreement) uses a sole arbitrator, cutting fees 30-40%. Prevailing parties can typically recover institutional fees plus capped counsel fees (CIETAC Rules Art. 52). Budget realistically: total recovery cost is typically 8-15% of claim value.