Commercial Disputes

Early assessment and proportionate action for contract, payment, project, asset and business relationship disputes involving China.

The first task is diagnosis

Not every dispute should immediately become litigation or arbitration. The first stage is to identify the legal basis, evidence, financial reality, available leverage, procedural deadlines and the client’s actual commercial objective. That assessment informs whether to negotiate, preserve assets, commence proceedings or restructure the relationship.

Areas of assistance

  • Contract performance, payment and debt recovery.
  • Sales, procurement, equipment, services and professional project disputes.
  • Shareholder, cooperation, commercial premises and asset-related disputes.
  • Evidence review, demand strategy and settlement preparation.
  • Negotiation, mediation, litigation and arbitration.
  • Property preservation, enforcement and coordination with overseas counsel.

Preserving both rights and options

Protecting worthwhile cooperation also requires knowing when and how to respond when it breaks down. A measured response can leave room for settlement while protecting limitation periods, evidence and recoverability. Conversely, delay can turn a manageable commercial problem into an unenforceable paper claim.

Selected experience
Resolving an approximately RMB 20 million industrial-equipment transaction dispute through mediation; handling cross-border medical-device and sales disputes; representing five overseas individual investors in a commercial-property dispute and obtaining a favourable court result.

What to provide initially

Identify all parties and related entities, the governing documents, amount or value at stake, present status, important communications, known assets and any limitation, hearing or payment deadline. Confidential documents should be provided only after a conflict check and agreed secure channel.

A commercial relationship is going wrong?

An early review can clarify what must be preserved and what choices remain.