Commercial Litigation & Arbitration in China
Litigation is only useful if the claim can be proven, the forum is the right one, and the decision can realistically be enforced. This page covers the situations we handle, what to prepare, and how a matter is assessed before any filing.
Common Situations
- A commercial contract has been breached and negotiation has stalled.
- Invoices remain unpaid and the debtor is not responding.
- A distribution, agency, or joint venture relationship has broken down.
- A shareholder or partnership dispute has arisen in a Chinese company.
- Your contract contains an arbitration clause and you need to know which forum applies.
- You already hold a judgment or award and need to consider enforcement in China.
What We Do
- Assess jurisdiction, the applicable law, and whether the contract requires litigation or arbitration.
- Review the evidence and give a realistic view of prospects, timeline, and cost before filing.
- Consider property preservation and other steps to protect recovery.
- Represent you in Chinese courts or before arbitral institutions, including documentary and hearing stages.
- Advise on enforcement and on the limits that apply where assets or the counterparty are outside China.
What to Prepare
- The contract, including any arbitration or jurisdiction clause.
- Invoices, delivery records, statements of account, and payment records.
- Correspondence showing the breach and any attempts to resolve it.
- The counterparty's registration details and any known assets.
- A signed power of attorney — foreign clients should expect notarization or legalization requirements for documents used in China.
How Engagement Works
- 1
Initial inquiry
You provide the contract and a short account of what went wrong. We confirm whether the matter can be assessed.
- 2
Conflict check and engagement
We check for conflicts of interest and confirm the scope and fee arrangement in writing.
- 3
Forum and prospects assessment
We confirm whether the contract requires litigation or arbitration, which court or institution has jurisdiction, and what the evidence supports.
- 4
Filing and interim measures
We prepare the claim, consider property preservation, and manage procedural deadlines.
- 5
Hearing and enforcement
We represent you through hearings and advise on enforcing the decision, including where the counterparty has no assets in the expected place.
How Fees Are Determined
- Professional fees are agreed in writing before substantive work begins.
- Litigation and arbitration are usually quoted in stages: assessment, filing, hearing, and enforcement.
- Court fees, arbitration fees, preservation fees, translation, notarization, and travel are separate third-party costs confirmed in advance.
- If the claim is not commercially viable, we will say so at the assessment stage rather than proceed.
Clients outside China can instruct and follow a matter remotely. Chinese procedure still requires original documents and notarized or legalized powers of attorney in many cases, so the practical timeline should include those steps.
Related Legal Insights
Tell Us What Happened
A short summary of the facts and the documents you hold is enough to start. We will explain the realistic options before you commit to any step.
Contact Michael Ma