U.S.–China Commercial Disputes
A commercial dispute between a U.S. company and a Chinese one is rarely won by the party with the better legal argument alone. It is won by the party that chose the right forum, served the other side properly, preserved the evidence and understood from the start whether a judgment could be collected. We advise on that strategy before the first letter goes out.
What we look at first
Forum strategy
The contract's dispute clause, where the parties and assets are, and whether a U.S. court, an arbitral tribunal or a Chinese court gives you a decision you can enforce. Starting in the wrong forum is the most expensive mistake in cross-border litigation.
Service and evidence across borders
Serving a Chinese defendant goes through the Hague Service Convention and takes months; discovery from a Chinese party faces its own restrictions. We plan for both rather than discovering them mid-case.
Parties and chronology
Who actually contracted—the trading company, the factory, the Hong Kong holding entity—and a documented timeline of what happened, built from the emails, WeChat records and invoices before memories fade.
Resolution paths
Demand and negotiation, mediation, arbitration or litigation, and the enforcement step that follows. We work with licensed litigation and Chinese counsel where a matter requires them.
How the matter proceeds
Assess
Review the contracts, the chronology, the counterparties and the assets.
Choose
Select the forum and the resolution path with enforcement in mind.
Coordinate
Run the matter, bringing in litigation or Chinese counsel where required.
Common questions
Practical answers to frequently asked questions. Individual circumstances can affect the best course of action.