Best Commercial Litigation Lawyers in China

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Founded in 1984
50 people in their team
Chinese
English
Shanghai United Law Firm (“United”), founded in 1984, is a prestigious leading law firm of rich history providing comprehensive legal services in China. In addition to the head office in Shanghai, United has set up offices throughout China.United has accumulated broad professional experience...
King & Wood Prclawyers
Suzhou, China

Founded in 1832
5,000 people in their team
Chinese
English
We are a law firm born in Asia with an Asian perspective and world-class service capabilities.King & Wood Mallesons has more than 3,000 lawyers in 31 offices around the world. Our lawyers are well versed in Eastern and Western cultures, and rely on diversified thinking, profound professional...
King & Wood PRC Lawyers
Beijing, China

Founded in 1993
50 people in their team
Chinese
English
We are a law firm born in Asia with an Asian perspective and world-class service capabilities.King & Wood Mallesons has more than 3,000 lawyers in 31 offices around the world. Our lawyers are well versed in Eastern and Western cultures, and rely on diversified thinking, profound professional...
Junzhi Law Firm
Beijing, China

Founded in 2006
50 people in their team
Chinese
English
Beijing Junzhi Law Firm ("Junzhi" for short) is a partnership (special general partnership) law firm registered and approved by the Beijing Municipal Bureau of Justice on February 8, 2006. It currently holds a license number of 31110000784800013C The "Law Firm Practice License" has the legal...
Yanyiming Law Firm
Shanghai, China

Founded in 2005
50 people in their team
Chinese
English
Shanghai Yan Yiming Law Firm was founded in 2005 by lawyer Yan Yiming. It is a law firm specializing in legal services related to corporate law and securities law. Our business includes company establishment, foreign investment, mergers and reorganizations, shareholder rights protection, domestic...
Stabit Advocates
Hongkou, China

Founded in 2000
173 people in their team
Chinese
English
French
Stabit Advocates LLP (https://www.stabitadvocates.com) is one of the top law firms in the world and stands as a beacon of legal excellence, recognized as one of the top law firms in East Africa, Africa and Globally with over 75 practice areas. Our firm is synonymous with top-tier legal expertise,...
Huisheng Law Firm
Shanghai, China

Founded in 1995
50 people in their team
Chinese
English
Huisheng Law Firm was established in June 1995. It is one of the earliest partnership law firms in China, providing services in foreign-related maritime affairs, freight logistics, marine insurance, foreign investment, corporate business, international trade, and real estate. It enjoys a high...
Kaizheng Law Firm
Shanghai, China

Founded in 2004
50 people in their team
Chinese
English
Shanghai Kaizheng Law Firm was founded in 2004 and is a high-profile law firm. Kaizheng is committed to providing pragmatic and effective legal services to many companies and private clients. Its business areas cover corporate commercial affairs, intellectual property rights, maritime affairs, real...
Dayu Law Office
Beijing, China

Founded in 1994
50 people in their team
Chinese
English
Beijing Dayu Law Firm is a comprehensive professional legal service organization. It was founded in 1994 and has gone through ups and downs for more than 20 years. For more than 20 years, Dayu Law Firm has adhered to the belief of "perseverance, pursuit of truth and justice" and the practice...
Tongqian Law Firm
Shanghai, China

Founded in 2001
50 people in their team
Chinese
English
Shanghai Tongqian is a professional law firm which is mainly engaged in corporation law and commercial law with concernings and labor law. The firm is set up and conducted by several outstanding veteran lawyers graduated from Fudan University and East China University of Political Science and...
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About Commercial Litigation Law in China

Commercial litigation in China involves resolving disputes that arise from business and commercial relationships through the court system. These disputes can relate to contracts, company operations, intellectual property, mergers and acquisitions, joint ventures, debt recovery, and other business transactions. Commercial litigation is governed by a combination of national laws, regulations, and judicial interpretations, with proceedings generally managed by the Chinese people’s courts. Litigating commercial matters in China often requires familiarity with local procedural rules, language, and business customs.

Why You May Need a Lawyer

There are several circumstances where you might require professional legal assistance with commercial litigation in China. Common situations include:

  • Contract breaches, such as failure to deliver goods or provide services as agreed
  • Disputes related to business partnerships, shareholders, or joint ventures
  • Debts owed by or to other companies needing judicial enforcement
  • Protection and enforcement of intellectual property rights
  • Issues arising from mergers, acquisitions, or restructuring
  • Disagreements with suppliers, clients, or distributors
  • Fraud, misrepresentation, or misappropriation affecting business interests
  • Complex procedural matters, such as evidence collection and submission

Navigating commercial disputes can be challenging due to the language barrier, legal complexity, and differing business practices in China. Engaging a legal expert can help protect your interests, ensure compliance with local laws, and improve the chances of a favorable outcome.

Local Laws Overview

China’s commercial litigation framework is primarily supported by key statutes such as the Civil Code, the Contract Law, and the Civil Procedure Law, among others. The court system is hierarchical, with district (basic) courts, intermediate courts, and higher people’s courts handling cases depending on the size and significance of the dispute. Some special courts, such as IP courts, also handle commercial matters.

Key aspects of Chinese commercial litigation law include:

  • Jurisdiction: Determined by the parties’ location, the place of performance, or asset location
  • Procedures: Strict timelines for submitting evidence and written submissions to court
  • Evidence: Emphasis on notarized or original documents, with legal standards for admissibility
  • Pre-litigation Mediation: Often required or encouraged to settle disputes before formal litigation
  • Language: Proceedings are generally in Mandarin Chinese, requiring translation for foreign entities
  • Remedies: Include damages, specific performance, injunctions, and enforcement of judgments
  • Appeal: Parties may appeal first-instance judgments within the statutory period
  • Recognition of Foreign Judgments: Limited, and subject to bilateral treaties or reciprocity

Understanding these components is crucial for anyone involved in a commercial dispute in China.

Frequently Asked Questions

What is the typical process for commercial litigation in China?

The process involves filing a complaint, service of process to the defendant, court hearings, submission of evidence, possible mediation efforts, and finally judgment. Enforcement and appeal processes follow if necessary.

Can foreign companies participate in litigation in Chinese courts?

Yes, foreign companies can be parties in Chinese commercial litigation but may need to entrust a qualified Chinese lawyer and provide official translations of their documents.

Is it mandatory to try mediation before formal litigation?

Chinese courts often encourage or require mediation before or during litigation to resolve commercial disputes amicably.

How long does commercial litigation usually take?

The timeframe depends on the complexity of the case but may range from several months to over a year, sometimes longer if appeals or enforcement are required.

What remedies are available in commercial litigation?

Courts may order compensation for damages, performance of contract obligations, injunctions, or other remedies deemed appropriate by law.

Can parties choose arbitration instead of litigation?

Yes, parties can agree to resolve disputes through arbitration rather than litigation. Arbitration awards are generally recognized and enforced by Chinese courts.

What should I do if a Chinese company breaches a contract?

It is important to collect and preserve all related evidence, review contractual dispute resolution clauses, attempt negotiation or mediation if possible, and consult a lawyer regarding possible litigation.

How are judgments enforced in China?

If a party fails to comply voluntarily, the court may enforce a judgment by freezing assets, auctioning property, or other legal measures to ensure compliance.

What role does evidence play in Chinese commercial litigation?

Evidence is critical, and parties bear the burden of proof. Chinese courts favor original documents and notarized evidence. Timely and proper submission is crucial.

Are Chinese court judgments recognized and enforced overseas?

Recognition and enforcement of Chinese judgments abroad depend on treaties or reciprocity between China and the specific country. It is not automatic and may require further legal procedures.

Additional Resources

Several organizations and governmental bodies provide guidance or support regarding commercial litigation in China:

  • Supreme People’s Court of China
  • Local People’s Courts in respective provinces and municipalities
  • Ministry of Justice of the People’s Republic of China
  • China International Economic and Trade Arbitration Commission (CIETAC)
  • All China Lawyers Association
  • National and local bar associations

Additionally, foreign embassies and trade chambers (such as the China-Britain Business Council or American Chamber of Commerce in China) may offer referrals or support to businesses encountering legal disputes.

Next Steps

If you need help with a commercial dispute in China, consider these steps:

  1. Gather all relevant contracts, correspondence, invoices, and other documentation related to your case
  2. Determine if your contract specifies litigation or arbitration as the dispute resolution method
  3. Consult with a qualified Chinese lawyer or law firm experienced in commercial litigation
  4. Assess the strength of your case and possible legal strategies with your attorney
  5. Discuss potential costs, timelines, and outcomes before proceeding
  6. Stay engaged and responsive throughout the legal process to ensure your interests are well protected

Taking prompt and informed action is essential for successful resolution of commercial disputes in China. Expert legal guidance can make a significant difference in the outcome of your case.

Lawzana helps you find the best lawyers and law firms in China through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Commercial Litigation, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in China - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.