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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...
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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03/02/2020
Does the Coronavir­us Out­break con­sti­tute Force Ma­jeure?
07 Feb 20
Coronavir­us and Force Ma­jeure
The World Health Or­gan­isa­tion Dir­ect­or Gen­er­al’s re­cent de­clar­a­tion that the glob­al out­break of the coronavir­us is a “pub­lic health emer­gency of in­ter­na­tion­al con­cern” is, of course, dom­in­at­ing...
17/01/2020
CMS, China ranks in ten prac­tice areas in Leg­al 500...
04 Feb 20
Does the Coronavir­us Out­break con­sti­tute Force Ma­jeure?
The re­cent out­break of the Nov­el Coronavir­us (“2019nCoV”), which be­longs to the same group of vir­uses which caused SARS and MERS, has con­sid­er­able im­pact on the pub­lic life and busi­ness op­er­a­tions...
03 Sep 19
For­eign court judg­ments and me­di­ation agree­ments po­ten­tially...
27 Nov 19
In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over...
A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que....
07 Jan 19
PRC Su­preme People’s Court Is­sued Pro­vi­sions on Pro­hib­it­ory...
20 Nov 19
Shang­hai al­lows for­eign ar­bit­ra­tion in Lin Gang area
The Shang­hai Mu­ni­cip­al Bur­eau of Justice re­leased the Ad­min­is­trat­ive Meas­ures on Busi­ness Of­fices Es­tab­lished by For­eign Ar­bit­ral in­sti­tu­tions with­in the Lin Gang Area of China (Shang­hai) Free Trade Zone...
CMS Ex­pert Guide to In­ter­im Meas­ures
03 Oct 19
In­ter­im meas­ures in Main­land Chinese courts in aid of Hong Kong-seated...
On 1 Oc­to­ber 2019, the Ar­range­ment Con­cern­ing Mu­tu­al As­sist­ance in Court-ordered In­ter­im Meas­ures in Aid of Ar­bit­ral Pro­ceed­ings (the “Ar­range­ment”), con­cluded between China’s Su­preme People’s...
14/09/2018
In­ter­na­tion­al CMS team as­sists Chinese cable man­u­fac­turer...
03 Sep 19
For­eign court judg­ments and me­di­ation agree­ments po­ten­tially en­force­able...
New Hag­ue Con­ven­tion on En­force­ment of For­eign Judg­ments On 2 Ju­ly 2019, the Hag­ue Con­fer­ence on Private In­ter­na­tion­al Law an­nounced the con­clu­sion of a new in­ter­na­tion­al con­ven­tion, the Hag­ue Con­ven­tion...