When cross-border business relationships break down, you need counsel who understands both worlds. Drawing on 17+ years of experience resolving disputes for clients across 10+ countries, we help foreign enterprises navigate China's legal landscape — from pre-litigation strategy through arbitration and enforcement.
A special topic by Danny Luo (Luo Wei) · Partner, Jiangsu Tianni Law Firm
China remains one of the world's most dynamic markets — but cross-border business relationships here carry unique legal risks that foreign enterprises often underestimate.
Whether you are a multinational corporation, an SME importer, a technology licensor, or a joint venture partner, disputes with Chinese counterparties can arise with little warning. The contractual, regulatory, and cultural terrain differs markedly from common law and civil law jurisdictions. Navigating it without experienced local counsel can turn a manageable dispute into an existential threat to your China operations.
This special topic page provides a structured overview of the most common dispute categories we handle, the resolution mechanisms available, and why foreign enterprises consistently choose our team to protect their interests in China.
Quality non-conformity, delayed delivery, refusal to pay, letter of credit disputes, and breach of exclusivity terms. Often governed by the CISG or Chinese Contract Law.
Read More →Profit distribution conflicts, deadlock on management decisions, capital contribution defaults, and breach of non-compete or confidentiality covenants.
Read More →Trademark squatting by local parties, patent infringement, trade secret misappropriation by former employees or JV partners, and software piracy.
Read More →Underpayment or non-payment of royalties, sub-licensing without authorization, failure to meet technology acceptance standards, and post-termination use of licensed IP.
Read More →Unauthorized cross-territory sales (grey market), failure to meet sales targets, unilateral termination, and entitlement to compensation upon termination.
Read More →Minority shareholder squeeze-out, denial of information rights, unauthorized equity transfers, and deadlock leading to judicial dissolution.
Read More →Wrongful termination claims by senior executives, enforcement of non-compete agreements, stock option disputes, and social insurance compliance issues.
Read More →Anti-dumping and countervailing duty investigations, technology import/export controls, data cross-border transfer restrictions, and foreign exchange repatriation barriers.
Read More →Project delays, cost overruns, quality defects, variation claims, and payment disputes on large-scale projects involving foreign contractors or employers.
Read More →Key Insight: Many Sino-foreign contract disputes turn on a single issue — the contract was drafted without Chinese law advice. A well-structured governing law clause, a clear dispute resolution mechanism, and bilingual precision are the cheapest insurance you can buy.
Key Insight: China is a first-to-file jurisdiction for trademarks. If you haven't registered your mark in China before disclosing it to a potential partner, you are exposed. IP protection must be proactive — enforcement alone is reactive and often too late.
Key Insight: The JV contract is your constitution. A robust deadlock resolution clause, clear profit distribution rules, and strong minority shareholder protections are not negotiable niceties — they are what you rely on when the relationship sours.
Key Insight: China's regulatory environment has tightened significantly in recent years — data security, anti-sanctions, and export control laws now rival their US and EU counterparts in complexity. Compliance is not optional; the penalties include criminal liability for responsible officers.
The preferred mechanism for most foreign-invested enterprises. We represent clients before CIETAC, HKIAC, SIAC, ICC, and LCIA, as well as ad hoc UNCITRAL arbitrations seated in neutral venues.
Read More →When arbitration is unavailable or inappropriate, we litigate before China's Intermediate and Higher People's Courts, including the specialized IP courts and international commercial courts.
Read More →Many disputes resolve faster and at lower cost through structured negotiation. We leverage our cross-cultural fluency to broker commercially rational settlements that preserve — or cleanly end — the business relationship.
Read More →Before filing, we help you assess jurisdictional options, preserve evidence, secure assets through property preservation orders, and evaluate the enforceability of a potential award or judgment in the target jurisdiction.
Read More →Winning a judgment or award is only half the battle. We coordinate enforcement across jurisdictions, leveraging the New York Convention and bilateral judicial assistance treaties to convert paper victories into recovered assets.
Read More →The best dispute is one that never materializes. We review and strengthen your China contracts, IP registrations, and compliance posture before problems arise — building in the protections that make disputes winnable if they come.
Read More →17 years practicing Chinese law, combined with experience serving clients from the US, UK, EU, Middle East, and Asia-Pacific. We explain Chinese legal concepts in terms you understand.
Successfully resolved disputes for German, Panamanian, Egyptian, Russian, Cypriot, American, and British clients against Chinese counterparties, with a cumulative case value exceeding ¥40 billion.
We know how these institutions work in practice — from arbitrator selection strategy to the nuances of presenting evidence to a tribunal with mixed common law and civil law backgrounds.
All case-critical documents are handled in both Chinese and English. We eliminate the translation risk that plagues many cross-border disputes — no meaning is lost, no nuance missed.
From emergency injunctive relief to multi-year arbitration proceedings, from IP portfolio defense to corporate restructuring — we handle the entire lifecycle of a China-related dispute under one roof.
Member of the Jiangsu International Commercial Arbitration Committee, YIAG (LCIA), and the Nanjing Corporate Governance Committee. We bring institutional knowledge and relationships to your case.
International sale of goods dispute over face masks during the COVID-19 pandemic. Successfully navigated CISG applicability, quality inspection standards, and jurisdictional challenges.
Maritime cargo transportation contract dispute involving complex questions of carrier liability, demurrage, and the interplay between Chinese Maritime Code and international conventions.
International bank guarantee fraud dispute. Successfully argued the fraud exception to the independence principle of demand guarantees before a Chinese court.
Wrongful lien dispute involving Russian and Chinese parties. Resolved complex questions of maritime lien priority and the lawfulness of vessel arrest under Chinese maritime procedure.
Cross-border M&A dispute involving post-closing purchase price adjustment, earn-out calculation, and indemnification claims under target company warranties.
Investment dispute involving valuation adjustments, anti-dilution protections, and founder vesting acceleration. Structured settlement preserving investor's economic rights while enabling company to proceed with Series A.
Do not use a template from another jurisdiction. Your China contracts should specify governing law (Chinese law or a neutral law), a clear arbitration clause with institution and seat, and bilingual versions with a prevailing language clause. A one-hour contract review before signing can save years of litigation.
File trademarks, patents, and design patents in China before sharing them with any potential Chinese partner, distributor, or employee. China is first-to-file — the party that registers first owns the right, regardless of who created or used it first abroad.
Before entering a joint venture, distributorship, or major supply agreement, verify your counterparty's corporate registration, litigation history, credit standing, and beneficial ownership. Red flags caught early prevent disasters later.
Chinese courts and arbitral tribunals place heavy weight on documentary evidence. Maintain complete records of all correspondence (WeChat included), meeting minutes, delivery receipts, inspection reports, and payment records. In a dispute, the party with better evidence usually prevails.
Delay benefits the party in possession of the disputed asset or funds. If you suspect a breach, seek legal advice immediately — before notifying the counterparty. Strategic sequencing of preservation measures, demand letters, and filings can make the difference between recovery and a hollow victory.
An arbitration award is only as good as your ability to enforce it. Before filing any claim, map out where the counterparty's assets are located and verify whether a Chinese award or judgment is enforceable in those jurisdictions under the New York Convention or applicable bilateral treaties.
We are committed to providing professional, comprehensive, practical, and high-quality legal services to clients worldwide. Whether you need immediate dispute resolution support or strategic preventive counseling, we are ready to assist.
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