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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 con­duc­ted in Eng­lish lan­guage”.   The above sen­tences have been widely used in ar­bit­ra­tion agree­ments un­der China-re­lated con­tracts al­though the valid­ity of such agree­ment is un­cer­tain. Many for­eign en­ter­prises in China in­sist on in­clud­ing the said ar­bit­ra­tion agree­ment in their con­tract with the Chinese part­ners for two ma­jor reas­ons: a) They want to en­gage an in­ter­na­tion­al ar­bit­ra­tion in­sti­tu­tion which, as they think, will hold a more ob­ject­ive and un­biased po­s­i­tion; and 2) To be geo­graph­ic­ally con­veni­ent, they wish to carry out the ar­bit­ra­tion pro­ced­ures in China.Please ac­cess the News­let­ter to read more.
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). The 2015 Rules entered in­to ef­fect on 1 Janu­ary 2015 and are aimed at ad­apt­ing to the new­est de­vel­op­ment in in­ter­na­tion­al ar­bit­ra­tion prac­tice and bet­ter ac­com­mod­at­ing the needs of the parties in the ar­bit­ra­tion pro­ceed­ings.Please ac­cess the News­let­ter to read more.
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 con­cern­ing CI­ETAC Shang­hai Sub-Com­mis­sion and CI­ETAC South China Sub-Com­mis­sion (“An­nounce­ment”).Please ac­cess the News­let­ter be­low to read more.

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6/24/2020
Over­view on Key Is­sues of the Con­tract Part of China’s First Civil Code
19 May 2020
CMS Ex­pert Guide to re­cog­ni­tion and en­force­ment of judge­ments
14 July 2020
More con­flict­ing judg­ments from Eng­land and France: un­cer­tainty for users...
In­tro­duc­tion In a sig­ni­fic­ant case for in­ter­na­tion­al com­mer­cial ar­bit­ra­tion, on 23 June 2020, the Par­is Court of Ap­peal re­jec­ted an ap­plic­a­tion to an­nul an ICC award, find­ing that the ar­bit­ral tribunal...
6/16/2020
Over­view on the Stip­u­la­tions on Prop­erty Rights in China’s First Civil...
15 May 2020
CMS Ex­pert Guide to COV­ID-19 cor­por­ate crime & reg­u­lat­ory is­sues
03 July 2020
Pro­tocol for On­line Case Man­age­ment in In­ter­na­tion­al Ar­bit­ra­tion
As ar­bit­ra­tions are be­com­ing in­creas­ingly glob­al­ised, with par­ti­cipants loc­ated across vari­ous jur­is­dic­tions, parties are con­stantly look­ing for ef­fi­cient ways to com­mu­nic­ate and share doc­u­ments and in­form­a­tion...
6/8/2020
Na­tion­al People's Con­gress Ad­opts China’s First Civil Code
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.
01 July 2020
PRC Su­preme People's Court An­nounces Guid­ing Opin­ions (III) on Tri­al of...
On 08 June 2020, the Su­preme People's Court (“SPC”) of the People’s Re­pub­lic of China (“PRC”) pro­mul­gated the Guid­ing Opin­ions (III) on Sev­er­al Is­sues Con­cern­ing Law­ful and Prop­er Tri­al of Civil...
5/25/2020
PRC Su­preme People’s Court An­nounces Guid­ing Opin­ions on Hand­ling of En­force­ment...
24 June 2020
Over­view on Key Is­sues of the Con­tract Part of Chin­a's First Civil Code
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”), was ad­op­ted on 28 May 2020 and con­sists of 7 Parts and...
03/02/2020
Does the Coronavir­us Out­break con­sti­tute Force Ma­jeure?