Cross-Border Dispute Resolution in China – New Issue of China Briefing Magazine

Posted by Written by Qian Zhou Reading Time: 2 minutes

The latest issue of China Briefing Magazine, “Cross-Border Dispute Resolution in China”, is now available as a complimentary download on the Asia Briefing Publication Store.

In this issue:Cross-border dispute resolution in China

  • Cross-Border Dispute Resolution in China: Key Challenges and Strategies
  • Case Study: Strategy and Timing for Success in Cross-Border Dispute Resolution
  • China Amends Civil Procedure Law: Impact on Foreign Companies

Cross-border disputes have been increasing in China in recent years, particularly since the onset of the COVID-19 pandemic. Various geopolitical and economic challenges have created growing uncertainty for businesses operating in the country, affecting their ability to fulfill contractual obligations and leading to the emergence of disputes.

The effective resolution of cross-border disputes in China is of paramount importance, not only for the current economic interests of businesses but also due to its potential far-reaching impact on their operational control and reputation. Nevertheless, resolving disputes in China can be challenging for foreign investors due to disparities in the country’s legal system and their limited resources in this rapidly evolving jurisdiction.

Therefore, gaining an understanding of the key aspects of cross-border dispute resolution in China is crucial.

In this edition of China Briefing Magazine, we introduce common scenarios where disputes may arise, discuss challenges faced by foreign investors, provide practical tips for optimal resolution within the Chinese context, and summarize recent amendments to China’s Civil Procedure Law. We also demonstrate via case study the paramount importance of adopting the correct strategy and taking timely measures when resolving cross-border disputes.

If you or your company require assistance with dispute resolution in China, please do not hesitate to contact Dezan Shira & Associates. For more information, feel free to reach us via email at china@dezshira.com.

Chapter summaries

Chapter 1: The effective management of cross-border dispute resolution is important, yet China presents unique challenges, such as disparities in legal systems, cultural nuances, language barriers, and limited resources within a rapidly evolving jurisdiction. Understanding the core aspects of the dispute resolution process in China
and implementing suitable strategies is imperative.

Chapter 2: This case study serves as a practical illustration of the available courses of action for foreign suppliers when their Chinese counterparts default on payments. It underscores the importance of adopting the correct strategy and taking timely measures when navigating cross-border dispute resolution.

Chapter 3: A new amendment to the China Civil Procedure Law makes it easier for disputes between Chinese and foreign entities to be heard in Chinese courts. It expands the scenarios in which foreign-related cases are deemed to be under the “exclusive jurisdiction” of Chinese courts while facilitating proceedings for foreign-related cases, such as gathering evidence and serving litigants that are outside of China.

About Us

China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done so since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong.

Please contact the firm for assistance in China at china@dezshira.com. Dezan Shira & Associates has offices in Vietnam, Indonesia, Singapore, United States, Germany, Italy, India, Dubai (UAE), and Russia, in addition to our trade research facilities along the Belt & Road Initiative. We also have partner firms assisting foreign investors in The Philippines, Malaysia, Thailand, Bangladesh.