Commercial Disputes in China
Assess Your Legal Position. Understand Your Options. Plan Your Next Steps.
Commercial disputes may arise from contracts, shareholder relationships, unpaid invoices, business partnerships or other commercial arrangements. When a dispute develops, businesses need to understand their legal position, the available evidence and the practical options for resolution.
Minton Lawyers advises businesses on commercial disputes involving China.
Types of Disputes We Address
- Contractual disputes and alleged breaches.
- Disputes involving payments, deliveries and commercial performance.
- Shareholder and corporate disputes.
- Disputes arising from business cooperation arrangements.
- Commercial claims involving Chinese counterparties.
- Disputes requiring an assessment of litigation, arbitration or enforcement options.
How We Approach a Dispute
We begin by understanding the transaction, the parties' positions, the relevant documents and the client's objectives. We then assess the principal legal issues, identify evidential gaps and discuss potential procedural and commercial options.
Depending on the circumstances, the appropriate next step may involve negotiation, a formal demand, interim measures, including asset preservation, arbitration, litigation or enforcement proceedings.
Early Assessment Matters
A dispute should be assessed on its facts and evidence rather than on assumptions about the likely outcome. Contract terms, communications, performance records, payment evidence and procedural deadlines may all be relevant.
Available options depend on the applicable law, evidence, jurisdiction, procedural status and circumstances of the dispute.