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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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5/25/2020
PRC Su­preme People’s Court An­nounces Guid­ing Opin­ions...
27 May 20
LCIA’s An­nu­al Case­work Re­port 2019: Steady growth
In­tro­duc­tion On 19 May 2020, the Lon­don Court of In­ter­na­tion­al Ar­bit­ra­tion (“LCIA”) re­leased its An­nu­al Case­work Re­port for 2019 (“Re­port”). This art­icle fo­cuses on ar­bit­ra­tions ad­min­istered un­der...
CMS Ex­pert Guide to COV­ID-19 Cor­por­ate Crime & Reg­u­lat­ory...
25 May 20
PRC Su­preme People's Court An­nounces Guid­ing Opin­ions on Hand­ling...
On 13 May 2020, the Su­preme People's Court (“SPC”) of the People’s Re­pub­lic of China (“PRC”) pro­mul­gated the Guid­ing Opin­ions on Sev­er­al Is­sues Con­cern­ing Law­ful and Prop­er Hand­ling of En­force­ment...
03/02/2020
Does the Coronavir­us Out­break con­sti­tute Force Ma­jeure?
22 May 20
For­eign in­vest­ments in Ger­man life sci­ence com­pan­ies be­come sub­ject...
In re­sponse to the COV­ID-19 pan­dem­ic, Ger­many has widened the scope of its in­vest­ment con­trol to in­clude nu­mer­ous life sci­ence com­pan­ies. The amend­ments to the For­eign Trade and Pay­ments Or­din­ance ("AWV")...
17/01/2020
CMS, China ranks in ten prac­tice areas in Leg­al 500...
07 May 20
The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts...
A re­cent de­cision of the Tech­no­logy and Con­struc­tion Court ap­pears to be the first re­por­ted Eng­lish de­cision to up­hold a fudi­ciary duty of loy­alty in an ex­pert wit­ness ap­point­ment. The find­ing in this...
03 Sep 19
For­eign court judg­ments and me­di­ation agree­ments po­ten­tially...
04 May 20
In­ter­na­tion­al Law in times of crisis: COV­ID-19 and For­eign In­vest­ments
As the COV­ID-19 pan­dem­ic con­tin­ues to un­ravel without re­gard to na­tion­al bor­ders, coun­tries around the world are faced with both pub­lic health and eco­nom­ic is­sues on a scale not pre­vi­ously seen. In this...
07 Jan 19
PRC Su­preme People’s Court Is­sued Pro­vi­sions on Pro­hib­it­ory...
17 Apr 20
Vir­tu­al hear­ings: are they really the an­swer?
This is the second in a series of art­icles ex­plor­ing non-tra­di­tion­al ap­proaches that parties and tribunals may ad­opt in or­der to al­low ar­bit­ra­tions to pro­ceed, both in the short-term, in a world where...