China litigation and arbitration: recover what you are owed
When a Chinese supplier fails to deliver, delivers defective goods or does not return an advance payment, the question is how to enforce your rights in China.
At UB China, with lawyers licensed in Shanghai, we negotiate, collect, arbitrate and litigate against Chinese companies, and enforce awards and judgments.
How we work
- Assessment: contract, evidence, the counterparty’s assets and the cost-benefit of each route.
- Negotiation and demand letter from China, in Chinese.
- Arbitration before CIETAC, the international centres in Beijing, Shanghai, Shenzhen or Hainan, or foreign institutions such as the ICC, SIAC or HKIAC.
- Litigation before the People’s Courts, the IP and financial courts, and the China International Commercial Court (CICC).
- Enforcement of awards and judgments in China.
Arbitration or the courts
- Arbitration: confidential, with specialised arbitrators and final awards. China upholds the New York Convention; refusing to enforce a foreign award is exceptional and requires approval from the higher court.
- Chinese courts: generally lower court fees and two instances; significant foreign-related cases usually start at an Intermediate People’s Court.
- Foreign judgments: enforcement in China has improved but remains less predictable than for arbitral awards.
- Mediation: China has ratified the Singapore Convention, in force for China since 2024, which allows enforcement of qualifying international mediated settlements.
Employment disputes
If your company has employees in China, every labour dispute must first go through mandatory labour arbitration before reaching the courts. We represent you at both stages.
Frequently asked questions
Can I sue from Chile?
Yes, we act in China without you having to travel.
Should I win in Chile and enforce in China?
Arbitration or litigation in China, where the assets are, is usually the safer route.
How long does it take?
It depends on the route; we estimate timing and costs in the initial assessment.
What if my contract has no dispute clause?
There are still options; we review them with you.
Doing business with China? Let us talk.