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Dispute Resolution

China

If you have a problem that requires legal action, our team can assist you in analysing risk, managing disputes and seeking constructive solutions and settlement. CMS´s sector-focused lawyers are not just litigators or arbitration specialists but business-minded problem solvers.

If you want your dispute to stay out of court or arbitration, we can guide you tactically in achieving this. We routinely act as counsel in arbitration proceedings in commercial and international disputes, including investment arbitration. Our partners also regularly act as arbitrators.

One of the biggest risks you may face is the threat of an external investigation amid allegations of corporate wrongdoing. Our specialists can support you 24/7 through sensitive investigations by criminal and regulatory authorities, including negotiating settlements where appropriate.

According to Chinese law, as a foreign law firm we are not allowed to represent our clients before Chinese People’s Courts. For such litigation proceedings, we cooperate closely with local Chinese law firms who represent our clients directly before the courts. With our cooperation with local Chinese law firms, we also assist our clients in enforcing judgements and arbitral awards in China to be enforced through the Chinese People’s Courts.

Using our global experience and local knowledge, we can safeguard your interests before state courts, arbitral tribunals and in alternative dispute resolution. With over 400 lawyers in 34 countries, we can handle your dispute across any European jurisdiction, obtain judicial assistance in foreign proceedings and deal with enforcement procedures for international judgements and arbitral awards.

Our Awards:

  • Dispute Resolution Team of the Year (2015) by AI Dispute Awards 
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15/08/2014
SPC Sup­ports the Ar­bit­ra­tion award made by a For­eign...
China In­sight - Dis­pute Res­ol­u­tion
09/01/2015
China In­sight - Dis­pute Res­ol­u­tion
CI­ETAC Ar­bit­ra­tion Rules Amended
01/02/2013
CI­ETAC and its Sub-Com­mis­sions Drift fur­ther Apart
China In­sight - Dis­pute Res­ol­u­tion

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28/02/2019
Ar­bit­rat­ing fin­an­cial dis­putes – Are there tan­gible be­ne­fits?
In the past dec­ade, sev­er­al at­tempts have been un­der­taken to pro­mote in­ter­na­tion­al ar­bit­ra­tion in the fin­an­cial in­dustry. In­deed, vari­ous fea­tures of in­ter­na­tion­al ar­bit­ra­tion ap­pear to be par­tic­u­larly well suited for the needs of fin­an­cial ser­vices pro­viders.
23/01/2019
Hong Kong en­hances po­s­i­tion as hub for China-re­lated dis­putes
In a ma­jor de­vel­op­ment on 18 Janu­ary 2019, the Hong Kong Sec­ret­ary for Justice and the Vice-Pres­id­ent of the PRC Su­preme People’s Court signed an ar­range­ment greatly ex­pand­ing the cir­cum­stances in which judg­ments of the Hong Kong SAR courts will be re­cog­nised.
08/01/2019
PRC Su­preme People’s Court is­sued pro­vi­sions on pro­hib­it­ory in­junc­tions...
To fur­ther im­prove and ex­pand pro­hib­it­ory in­junc­tion pro­ced­ures in in­tel­lec­tu­al prop­erty (“IP”) dis­putes, the PRC Su­preme People’s Court(“SPC”) is­sued on 12 Decem­ber 2018 the Pro­vi­sions on Sev­er­al Is­sues Con­cern­ing the Ap­plic­a­tion of Law in Ex­amin­ing Cases.
16/11/2018
Third-Party Fund­ing in in­ter­na­tion­al in­vest­ment ar­bit­ra­tion – en route...
Over the last couple of years, Third-Party Fund­ing (TPF) has be­come more and more com­mon with­in in­ter­na­tion­al in­vest­ment ar­bit­ra­tion. Ac­cord­ing to a re­port pub­lished by the In­ter­na­tion­al Coun­cil for Com­mer­cial Ar­bit­ra­tion (ICCA) in 2015, 60 % or more of all.
17/10/2018
Memor­andum of Guid­ance to pro­mote great­er re­cog­ni­tion and en­force­ment...
This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. On 31 Au­gust 2018, the Su­preme People’s Court of the People’s Re­pub­lic of China (“PRC”) and the Su­preme Court of Singa­pore entered in­to a Memor­andum.
25/09/2018
In the Af­ter­math of Achmea – Does Vat­ten­fall En­sure the Fu­ture for...
On 6 March 2018, the EU Court of Justice (CJEU) held in its Achmea rul­ing that dis­pute set­tle­ment pro­vi­sions provid­ing for ar­bit­ra­tion in in­tra-EU bi­lat­er­al in­vest­ment treat­ies (BITs) are in­com­pat­ible with EU law.
13/09/2018
China es­tab­lishes two new In­ter­net Courts in Beijing and Guang­zhou
The Su­preme People’s Court of the People’s Re­pub­lic of China re­leased the Pro­vi­sions on Sev­er­al Is­sues Con­cern­ing the Tri­al of Cases by the In­ter­net Court (“Pro­vi­sions”) on 6 Septem­ber 2018. The  Pro­vi­sions defined the jur­is­dic­tion and op­er­a­tion of the two.
07/08/2018
The Singa­pore Me­di­ation Con­ven­tion: Plug­ging the gap in cross-bor­der...
This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. On 26 June 2018, the fi­nal drafts for a con­ven­tion on the en­force­ment of in­ter­na­tion­al set­tle­ment agree­ments res­ult­ing from me­di­ation and the cor­res­pond­ing.
20/07/2018
China es­tab­lishes In­ter­na­tion­al Com­mer­cial Courts
On 25 June 2018, the Su­preme People’s Court (the “SPC”) is­sued the Pro­vi­sions of the SPC on Sev­er­al Is­sues Con­cern­ing the Es­tab­lish­ment of In­ter­na­tion­al Com­mer­cial Courts (the “Pro­vi­sions”) and on 29 June 2018, the China First and Second In­ter­na­tion­al Com­mer­cial.
14/06/2018
In­ter­na­tion­al PPAs: High Court pro­tects ar­bit­ra­tion pro­cess
In At­las Power Ltd v Na­tion­al Trans­mis­sion and Des­patch Com­pany Lim­ited [2018] EWHC 1052, the Eng­lish High Court gran­ted an anti-suit in­jec­tion to a group of in­de­pend­ent power pur­chasers in Pakistan (“IPPs”) to pre­vent a col­lat­er­al at­tack against an ar­bit­ral.
25/05/2018
New pro­vi­sions of the Su­preme People's Court con­cern­ing en­force­ment...
The Su­preme People’s Court of the People’s Re­pub­lic of China an­nounced the Pro­vi­sions of the Su­preme People’s Court on Sev­er­al Is­sues Con­cern­ing the Hand­ling of Cases by People’s Courts to En­force Ar­bit­ra­tion Awards (the “Pro­vi­sions”) on 23 Feb­ru­ary 2018.
13/04/2018
The Acon­cagua Bay – “al­ways ac­cess­ible”
On 26 March 2018 the Com­mer­cial Court ruled, in an ex­tremely suc­cinct de­cision, that a war­ranty in a voy­age charter­party that a berth is “al­ways ac­cess­ible” en­com­passes both entry to and exit from the berth.