We offer significant expertise in dispute resolution in China, helping clients to manage risk from project inception onwards - our services include assisting clients to effectively manage their businesses through strategic risk management advice and mitigating risk at the outset. Our lawyers will advise and guide you through all aspects of the dispute – whether it is court litigation or arbitration – including court and tribunal appearances, selection and management of experts, development and execution of strategy, conduct of hearings and settlement negotiations. Our expertise ensures that all legal processes and potential risks are managed in a practical, efficient and cost-effective manner.
A robust practice at the core of the firm, we regularly represent clients in litigation before Chinese courts, and arbitration in the China International Economic and Trade Arbitration Commission and other tribunals. We have disputes lawyers who are experienced in litigation at every level of the People's Courts. Our lawyers also include former members of the judiciary and regulators. Clients have the advantage of our strong relationships with local courts and authorities while our insights into the workings of China's judicial and regulatory systems help us achieve optimum results for our clients, especially in dispute-prone areas such as intellectual property and foreign-invested enterprises.
We work with our clients to select the most appropriate lawyers for each case and work with them to resolve disputes through settlement, PRC courts, CIETAC and foreign arbitration tribunals. We have deep experience in disputes arising from commercial transactions and dedicated lawyers dealing with risk management and corporate compliance issues, construction, commercial arbitration and intellectual property disputes. In addition, our dispute resolution team is able to call upon additional resources from our banking & finance, employment, financial services, intellectual property, real estate and corporate practices, among others, to provide industry specific advice on contentious matters.
A particular strength of our practice is our ability to act and advise on complex disputes and transactions across multiple jurisdictions. Through our Baker & McKenzie FenXun (FTZ) Joint Operation Office in Shanghai, we provide seamless international and local legal solutions to assist on cross-border disputes and advise clients operating in China or globally. We are able to collaborate with teams across Hong Kong and China, as well as worldwide, to combine global experience with local knowledge across a broad range of industry sectors. This also gives us a deep understanding of the respective local culture, business practices and language skills relevant to each jurisdiction. Team members include accredited arbitrators with CIETAC, HKIAC, the Asian Domain Name Dispute Resolution Center and the World Intellectual Property organization, and also serve as mediator on the panel of the US-China Business Mediation Center.
We can assist with:
• Strategic dispute resolution analysis
• Risk minimization and management
• Alternative dispute resolution
• Domestic and International Arbitration
• Compliance and regulatory matters
• Construction and Infrastructure Projects
• Structuring and restructuring commercial arrangements
• Negotiate settlements, workarounds and other compromises
• Commencing, defending or enforcing court decisions
• Enforcing arbitral awards