Best Commercial Litigation Lawyers in Shanghai

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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...
Hengliang Law Firm
Shanghai, China

Founded in 2008
50 people in their team
Chinese
English
Outstanding because of professionalismShanghai Hengliang Law Firm is a partnership law firm registered in the Shanghai Municipal Justice Bureau and invested and cooperated with Shanghai Jiao Tong University Logistics Group. It is one of the few boutique lawyers in Shanghai that fully relies on...
Tiance Law Firm
Shanghai, China

Founded in 1986
50 people in their team
Chinese
English
About TianceTiance Law Firm ("Tiance") was founded in 1986. It is a well-known large-scale comprehensive law firm in China and a leading law firm in the Yangtze River Delta region. It is also recognized by the market as an elite law firm with excellent professional service capabilities. . Tiance...
Effort Law Firm
Shanghai, China

Founded in 1998
50 people in their team
Chinese
English
Co-effort Law Firm is a comprehensive professional legal service organization with a global perspective and local wisdom, dedicated to providing professional legal services to clients. Uphold the concept of "Service Creates Value", We are committed to achieving our own value and social value...
Sisu Law Firm
Shanghai, China

Founded in 2000
50 people in their team
Chinese
English
Shanghai Shangwei Law Firm is a partnership law firm specializing in legal services. It is one of the first law firms to obtainconsulting agency qualifications for foreign-related projects . He has extensive experience in civil and commercial law fields such as corporate legal affairs, commercial...
Henglong Law Firm
Shanghai, China

Founded in 2005
50 people in their team
Chinese
English
We specialize in foreign-related transactions concerning e-commerce, environmental protection, fashion, biotech, machinery, real estate and related dispute resolutions. We have been serving a large variety of overseas public or private entities, and regional headquarters of foreign enterprises in...
Gf Law Firm
Shanghai, China

Founded in 1999
50 people in their team
Chinese
English
Shanghai Guangfa Law Firm was founded in 1999 and was approved by the Ministry of Justice and the China Securities Regulatory Commission in 2000 to engage in securities legal services. Since its establishment, Guangfa Lawyers has been engaged in securities finance and capital market legal services,...

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...
Perkins Coie LLP
Shanghai, China

Founded in 1912
2,875 people in their team
English
Perkins Coie is a leading international law firm that is known for providing high value, strategic solutions and extraordinary client service on matters vital to our clients' success. With more than 1,200 attorneys in offices across the United States and Asia, we provide a full array of corporate,...
Kewei Law Firm
Shanghai, China

Founded in 2000
50 people in their team
Chinese
English
Kewei is a law firm led by Chinese lawyers with deep international experience.Our experienced lawyers provide integrated and strategic legal solutions while our innovative legal service team uses new technology to manage bulk work flexibly and efficiently.We advise Chinese and international...
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About Commercial Litigation Law in Shanghai, China

Commercial litigation in Shanghai comprises the resolution of business disputes through legal proceedings before courts or arbitration tribunals. As China's largest financial and commercial hub, Shanghai witnesses substantial commercial activity, which often results in complex disputes between companies, investors, partners, and other commercial entities. Commercial litigation in Shanghai typically involves matters such as contract disputes, shareholder disagreements, intellectual property claims, debt recovery, and cross-border transactions. The local courts, including specialized commercial courts and arbitration institutions, play a pivotal role in resolving these disputes effectively in accordance with both national laws and local regulations.

Why You May Need a Lawyer

Engaging a lawyer to navigate commercial litigation in Shanghai is critical due to the intricacies of Chinese legal procedures and the local business environment. Common situations requiring legal assistance include:

  • Complex contract disputes between businesses or with suppliers
  • Unresolved debts or payment defaults
  • Disputes between shareholders or business partners
  • Breach of intellectual property rights such as trademarks, patents, or copyrights
  • Issues arising from mergers, acquisitions, or joint ventures
  • Cross-border disputes involving foreign and domestic entities
  • Regulatory compliance and administrative litigation involving local government agencies
  • Fraud, misrepresentation, or unfair competition cases

A qualified lawyer in Shanghai assists by providing legal analysis, preparing documentation, representing clients in negotiations, court proceedings, and arbitration, and ensuring compliance with local laws and court procedures.

Local Laws Overview

Commercial litigation in Shanghai is governed by several key legal frameworks that applicants should be aware of:

  • Contract Law of the People's Republic of China - Governs the formation, performance, and resolution of disputes related to contracts.
  • Company Law - Covers rights and responsibilities of shareholders, directors, and partners, and resolves intra-company disputes.
  • Civil Procedure Law - Outlines procedures for civil and commercial cases, including rules for evidence, hearings, and appeals.
  • Specialized Commercial Courts - Shanghai operates several courts and tribunals dedicated to handling financial and commercial disputes, expediting the process and ensuring specialist adjudication.
  • Arbitration Law - Encourages settling commercial disputes through arbitration, with local bodies like the Shanghai International Economic and Trade Arbitration Commission (SHIAC) offering institutional arbitration services.
  • Foreign-Related Disputes - Special provisions apply when one or more parties are foreign enterprises, with Shanghai courts recognizing and enforcing certain foreign judgments and arbitral awards according to treaties and reciprocity.

Understanding and navigating these laws can be challenging for those unfamiliar with the Chinese legal system, underlining the importance of experienced legal counsel.

Frequently Asked Questions

What types of disputes are typically considered commercial litigation in Shanghai?

Commercial litigation includes disputes arising from contracts, company structure, intellectual property, debt recovery, cross-border transactions, and unfair competition among others.

How long does a typical commercial litigation case take in Shanghai?

The duration varies based on the complexity of the case, ranging from several months for straightforward matters to over a year for more complex or contested disputes.

Can foreign companies or individuals file lawsuits in Shanghai courts?

Yes, foreign entities may file lawsuits in Shanghai courts, especially for disputes relating to commercial transactions conducted within China or where local jurisdiction is stipulated in contracts.

Is arbitration a common method for resolving commercial disputes?

Yes, arbitration is frequently used, particularly in international business disputes. Institutions like SHIAC provide neutral platforms for efficient dispute resolution.

What are the main steps involved in commercial litigation in Shanghai?

Typical steps include pre-litigation negotiation, filing a complaint, court acceptance and review, discovery, trial, judgment, and potential appeals.

What should I do if served with a legal notice regarding commercial litigation?

You should consult with a qualified lawyer promptly to understand your rights and obligations, gather relevant documents, and prepare a response or defense.

How are court judgments enforced in Shanghai?

Judgments are enforceable by local courts, which may order asset seizure, account freezes, or other measures. Enforcement can be complex in cross-border cases.

Can parties appeal a commercial court decision in Shanghai?

Yes, parties can appeal to a higher court within the prescribed timeframe if dissatisfied with the outcome of the initial proceeding.

Are legal proceedings conducted in English or other foreign languages?

All legal proceedings in Shanghai courts are conducted in Chinese. Parties may use translators, but all documents must be submitted in Chinese.

What costs are involved in commercial litigation in Shanghai?

Costs may include official court or arbitration fees, legal representation fees, expert witness expenses, and costs for document translation. These vary depending on the case's value and complexity.

Additional Resources

If you require further assistance or information about commercial litigation in Shanghai, the following resources may be useful:

  • Shanghai Municipal Judicial Bureau - Provides public legal information and resources.
  • Shanghai People's Courts - Official body for registering and processing commercial litigation cases.
  • Shanghai International Economic and Trade Arbitration Commission (SHIAC) - Offers arbitration services for commercial disputes, including foreign-related matters.
  • Local Bar Associations - Can help locate qualified commercial litigation lawyers in Shanghai.
  • Legal Aid Centers - For those unable to afford private legal representation.

Next Steps

If you believe you have a commercial legal dispute or require guidance on commercial litigation in Shanghai, consider the following actions:

  • Document all facts, agreements, and correspondence related to your dispute.
  • Consult with a licensed commercial litigation lawyer familiar with Shanghai's legal environment.
  • Assess alternative dispute resolution methods, such as negotiation or mediation, before proceeding to court or arbitration.
  • Prepare all necessary documents, including contracts, invoices, communications, and any prior attempts at resolution.
  • Act promptly, as strict timelines may apply to filing lawsuits or responding to legal notices.

Seeking qualified legal advice is often the most effective way to protect your business interests and ensure compliance with Shanghai's commercial regulations.

Lawzana helps you find the best lawyers and law firms in Shanghai 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 Shanghai, 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.