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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 more than 40 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 Ar­bit­ra­tion In­sti­tu­tion...
“Any dis­pute arising out of or in con­nec­tion with the con­tract or over its valid­ity shall be sub­mit­ted for ar­bit­ra­tion to the In­ter­na­tion­al Cham­ber of Com­merce. The place of ar­bit­ra­tion shall be Shang­hai, China. All ar­bit­ra­tion pro­ceed­ings shall be c
09/01/2015
China In­sight - Dis­pute Res­ol­u­tion
On 4 Novem­ber 2014, the China In­ter­na­tion­al Eco­nom­ic and Trade Ar­bit­ra­tion Com­mis­sion (CI­ETAC) is­sued its re­vised Ar­bit­ra­tion Rules (2015 Rules), re­pla­cing the pre­vi­ous ver­sion of the CI­ETAC Ar­bit­ra­tion Rules is­sued on 3 Feb­ru­ary 2012 (2012 Rules). T
01/02/2013
CI­ETAC and its Sub-Com­mis­sions Drift fur­ther Apart
In Au­gust 2012, we re­por­ted on grow­ing ten­sions between the China In­ter­na­tion­al Eco­nom­ic and Trade Ar­bit­ra­tion Com­mis­sion (“CI­ETAC”) and its sub-com­mis­sions in Shang­hai and Shen­zhen.   On 31 Decem­ber 2012, CI­ETAC is­sued the An­nounce­ment on Is­sues con

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28 September 2020
Belt and Road Ini­ti­at­ive
China’s Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve, of­fer­ing new op­por­tun­it­ies for na­tions, com­munit­ies and busi­nessesIt is now ex­pli­citly aligned with many areas that are in­creas­ing pri­or­it­ies for in­ter­na­tion­al busi­nesses, such as ESG prin­ciples and sus­tain­ab­il­ity. But in 2020 it faces un­pre­ced­en­ted head­winds, in­clud­ing the glob­al pan­dem­ic and trade dis­putes.As a lead­er in many Belt and Road sec­tors, CMS has polled and in­ter­viewed over 500 BRI par­ti­cipants around the world, about their cur­rent think­ing on BRI and the pro­spects they see for it.This ma­ter­i­al is the found­a­tion of our new re­ports on BRI, cov­er­ing top­ics such as:The im­pact of Cov­id-19 on BRID­if­fer­ent views of BRI among Chinese and in­ter­na­tion­al par­ti­cipant­s­Joint ven­tures and part­ner­shipsProb­lems ex­per­i­enced in BRI pro­ject­s­Key risks and risk mit­ig­a­tion­BRI dis­pute res­ol­u­tion and ar­bit­ra­tionESG, sus­tain­ab­il­ity and BRI­Belt and Road 2.0The Di­git­al Silk Road  and the Health Silk RoadThe pro­spects for BRI after 2020Our find­ings from China are avail­able now and Asia-Pa­cific will fol­low soon. Re­ports on Cent­ral and East­ern Europe, the Middle East, Africa and Lat­in Amer­ica will be pub­lished in the com­ing months.me­di­um me­di­um me­di­um me­di­um me­di­um me­di­um 
19 May 2020
CMS Ex­pert Guide to re­cog­ni­tion and en­force­ment of judge­ments
11 September 2020
In­ter­na­tion­al Me­di­ation Up­date: the Singa­pore Con­ven­tion in force on 12...
The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation (known as the “Singa­pore Con­ven­tion”) comes in­to force to­mor­row on 12 Septem­ber 2020. The Singa­pore Con­ven­tion...
28 September 2020
BRI - View from China
The Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve. Its par­ti­cipants are in­creas­ingly look­ing to meet the trends of the fu­ture. Af­ford­able pro­jects, em­bra­cing mod­ern tech­no­lo­gies and meth­ods, as well the “open, green and clean” ap­proach of BRI 2.0, will of­ten be those that stand the greatest chance of suc­cess – a point un­der­lined by China’s re­cently an­nounced tar­get for car­bon neut­ral­ity and Pres­id­ent Xi Jin­ping’s call for a green re­cov­ery of the world eco­nomy.But how are the un­pre­ced­en­ted dif­fi­culties of 2020, in­clud­ing the glob­al pan­dem­ic and trade dis­putes, af­fect­ing the pro­spects of BRI?Wel­come to the first of a series of re­ports that as­sess the chal­lenges for BRI and the steps that BRI par­ti­cipants can take to achieve both suc­cess for them­selves and a pos­it­ive fu­ture for BRI. This re­port is in­ten­ded primar­ily for a Chinese read­er­ship and is there­fore avail­able in both Eng­lish and Chinese.The re­port ex­am­ines:Why Chinese par­ti­cipants in BRI are more gen­er­ally pos­it­ive about it than non-Chinese par­ti­cipants, and how this may be re­solved.The ef­fects of Cov­id-19 on BRI, and new en­thu­si­asm for the Health Silk Road.How to mit­ig­ate BRI risk and man­age dis­putes.Po­ten­tial trends in the fin­an­cing of BRI pro­jects.The im­pact of BRI 2.0.
15 May 2020
CMS Ex­pert Guide to COV­ID-19 cor­por­ate crime & reg­u­lat­ory is­sues
13 August 2020
Over­view on Key Is­sues of the Tort Li­ab­il­ity Part of Chin­a's First Civil...
The People’s Re­pub­lic of China’s (“PRC”) first com­bined co­di­fic­a­tion of the civil law ever, i.e. the PRC Civil Code (“PRC Civil Code”) which was ad­op­ted on 28 May 2020 and which will enter...
13/08/2020
Over­view on Key Is­sues of the Tort Li­ab­il­ity Part of China’s First Civil...
29 November 2018
CMS Ex­pert Guide to in­ter­im meas­ures
Are you look­ing for in­form­a­tion on in­ter­im meas­ures? This CMS Ex­pert Guide provides you with everything you need to know.
13 August 2020
Ar­bit­ral rules – The start of a sea­son of change: LCIA Up­date
The LCIA has launched its new ar­bit­ra­tion and me­di­ation rules, which come in­to force on 1 Oc­to­ber 2020. This is the first de­vel­op­ment in a peri­od in which we are ex­pect­ing up­dates to ar­bit­ral rules from...
6/24/2020
Over­view on Key Is­sues of the Con­tract Part of China’s First Civil Code
07 August 2020
Treaty claims for can­celled or mod­i­fied in­fra­struc­ture pro­jects in the...
A re­cent IC­SID tribunal has denied an in­vestor’s claim con­cern­ing the de­vel­op­ment of an air­port pro­ject in Latvia. The in­vestor was un­able to pro­ceed with the con­struc­tion of its pro­ject due to nu­mer­ous...
6/16/2020
Over­view on the Stip­u­la­tions on Prop­erty Rights in China’s First Civil...