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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...
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...
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...

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06 May 2021
High­lights on New Reg­u­la­tions on Su­per­vi­sion and Ad­min­is­tra­tion of Med­ic­al...
On 18 March 2021, the State Coun­cil pro­mul­gated the Reg­u­la­tions on Su­per­vi­sion and Ad­min­is­tra­tion of Med­ic­al Devices (Re­vised in 2021), which will take ef­fect on 1 June 2021 (the "New Med­ic­al Device Reg­u­la­tions")...
28 April 2021
Chal­len­ging bond calls on in­ter­na­tion­al pro­jects: Eng­lish courts vs Emer­gency...
A re­cent de­cision of the Eng­lish Com­mer­cial Court has re­fused an ap­plic­a­tion for an in­junc­tion re­quir­ing a be­ne­fi­ciary un­der an on-de­mand bond to with­draw its de­mand and re­frain from mak­ing fur­ther de­mands...
27 April 2021
Join­der of third-parties to ar­bit­ra­tion pro­ceed­ings: High Court of Singa­pore...
In a re­cent de­cision, the High Court of Singa­pore has held that a third-party par­ent com­pany of one the parties to a Singa­pore-seated LCIA ar­bit­ra­tion had not con­sen­ted to be­ing joined to the ar­bit­ra­tion...
21 April 2021
Belt and Road Ini­ti­at­ive
China’s Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve and of­fer op­por­tun­it­ies for na­tions, com­munit­ies and busi­nesses. But it is not without con­tro­versy in areas such as en­vir­on­ment­al pro­tec­tion and in­ter­na­tion­al debt.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 series of re­ports ana­lyses sen­ti­ment around the world, con­siders what BRI means for each re­gion, shines a spot­light on dif­fer­ent na­tions and high­lights leg­al con­sid­er­a­tions. Our find­ings from China, Asia Pa­cific, Cent­ral and East­ern Europe, Middle East, North Africa re­gion and Lat­in Amer­ica are avail­able now.Re­port on Africa will be pub­lished in the com­ing months.me­di­um­me­di­um­me­di­um­me­di­um­me­di­um­me­di­um
12 March 2021
ICC re­port on the Ac­cur­acy of Fact Wit­ness Memory in In­ter­na­tion­al Ar­bit­ra­tion
In Novem­ber 2020, the ICC’s Task Force on Max­im­ising the Pro­bat­ive Value of Wit­ness Evid­ence (the “Task Force”) pub­lished a re­port on the Ac­cur­acy of Fact Wit­ness Memory in In­ter­na­tion­al Ar­bit­ra­tion...
14 January 2021
The rise of the glob­al ex­pert ser­vices prac­tice: Court of Ap­peal guid­ance...
A Court of Ap­peal de­cision earli­er this week has up­held an in­junc­tion gran­ted by the TCC pre­vent­ing an in­ter­na­tion­al ex­pert ser­vices firm from act­ing for more than one party to an in­ter­na­tion­al con­struc­tion...
05 January 2021
PRICL - a game changer in the re­in­sur­ance world?
Al­though the “club at­mo­sphere” around re­in­sur­ance has been dis­turbed in re­cent years due to a surge in re­in­sur­ance dis­putes and the reg­u­lat­or’s en­hanced ini­ti­at­ives to boost con­tract cer­tainty1...
18/12/2020
SPC Is­sues Ju­di­cial In­ter­pret­a­tion of Evid­ence in Civil In­tel­lec­tu­al Prop­erty...
On 9 Novem­ber 2020, the Ju­di­cial Com­mit­tee of the PRC Su­preme People’s Court ad­op­ted the Sev­er­al Pro­vi­sions of the Su­preme People’s Court on Evid­ence for Civil Law­suits In­volving In­tel­lec­tu­al Prop­erty...
04 December 2020
New ju­di­cial in­ter­pret­a­tion en­ables prop­erty pre­ser­va­tion in China be­fore...
On 26 Novem­ber 2020, the Su­preme People’s Court is­sued the Sup­ple­ment­ary Ar­range­ment Con­cern­ing Mu­tu­al En­force­ment of Ar­bit­ral Awards between the Main­land and the Hong Kong Spe­cial Ad­min­is­trat­ive Re­gion...
3 December 2020
New ju­di­cial in­ter­pret­a­tion en­ables prop­erty pre­ser­va­tion in China be­fore...
On 26 Novem­ber 2020, the Su­preme People’s Court is­sued the Sup­ple­ment­ary Ar­range­ment Con­cern­ing Mu­tu­al En­force­ment of Ar­bit­ral Awards between the Main­land and the Hong Kong Spe­cial Ad­min­is­trat­ive Re­gion...
01 December 2020
PRC Su­preme People's Court Is­sues Draft of In­ter­pret­a­tions Ap­plic­able to...
On 9 Novem­ber 2020, the PRC Su­preme People's Court ("SPC") pro­mul­gated the In­ter­pret­a­tions Ap­plic­able to Se­cur­ity-re­lated Parts of the Civil Code of the People's Re­pub­lic of China (Draft for Com­ment)...
01 December 2020
Ar­bit­ral rules – The sea­son of change con­tin­ues: ICC Ar­bit­ra­tion Up­date
On 1 Decem­ber 2020, the ICC In­ter­na­tion­al Court of Ar­bit­ra­tion launched its re­vised ICC Ar­bit­ra­tion Rules (the “Rules”), which will ap­ply to ar­bit­ra­tions sub­mit­ted to the ICC Court from 1 Janu­ary...