Early case assessment
Review the arbitration agreement, relevant contracts, factual chronology and available evidence. Identify questions of forum, applicable law and potential remedies for further assessment.
CHINA LEGAL SERVICES / 01
China Commercial Arbitration
A practical strategy when a China-related transaction becomes a dispute.
Discuss your matter ↗THE STARTING POINT
Understand the issue.
Plan the next step.
A missed delivery, an unpaid invoice or a failed commercial relationship can quickly become a cross-border dispute. The first step is to understand the contract, the evidence and the result that matters to your business.
WHEN TO GET IN TOUCH
You may need support if…
- A supplier has failed to deliver or supplied goods that do not meet the agreed specifications.
- A buyer or commercial counterparty has failed to pay.
- The parties disagree about termination, contractual performance or compensation.
- An overseas lawyer needs China-side assistance with a commercial dispute.
SCOPE OF SUPPORT
How I can help
Evidence and damages
Organise the record of performance and communications. Develop a reasoned claim calculation and identify missing evidence of loss, causation and mitigation.
Arbitration support
Assist with preparation of claims or responses, submissions, evidence and hearings within the agreed engagement scope.
Settlement and enforcement planning
Assess settlement options alongside the dispute strategy and consider where a resulting settlement or award may need to be implemented.
BEFORE WE SPEAK
A useful starting pack
You do not need every document to make an initial enquiry. Start with a short summary, the parties involved and any urgent dates. Share sensitive documents only after agreeing a suitable channel and completing the initial engagement checks.
- Signed contracts, amendments and the arbitration clause.
- Purchase orders, invoices, payment records and any letter of credit.
- Delivery records, inspection reports and notices of non-performance.
- Relevant correspondence, termination notices and a dated chronology.
- A preliminary loss calculation and supporting procurement, pricing or other records.
COMMON QUESTIONS
A few practical answers
Can I discuss a case before the damages calculation is complete?+
Yes. An initial assessment can identify possible heads of loss and the evidence still needed. The amount and basis of any formal claim will need to be assessed against the applicable procedure and case documents.
Can you work with my existing overseas lawyer?+
Yes. The proposed engagement can be structured around China-side legal work and coordination with your existing counsel, with responsibilities and communication arrangements agreed at the outset.
Will every dispute require a hearing?+
The appropriate procedural and settlement strategy depends on the agreement, the applicable rules and the development of the case. No particular timetable or outcome can be promised.
The relevant institution, seat, governing law and arbitration agreement must be reviewed for each matter. References to international sales law, including the CISG, require a separate assessment of applicability.
YOUR NEXT STEP
Let’s discuss
your matter.
Tell me where you are based, the general nature of the matter and any key deadlines. Following an initial conflict check, we can discuss the proposed scope, fees and next steps.
Email Michael Lin ↗Michael.lin@sunhold.com.cn
China: +86 183 2213 6425
Taiwan: +886 939 231 425