Dispute Resolotion

KL China

KL China Dispute Resolution

Dispute Resolution

We hope that you will be able to avoid disputes with your partners or employees in China. Yet, in case they arise, we recommend you not to leave things to the chance and in effect leave the initiative to your counterparty that is on their home turf.

In case a dispute arise, don’t leave the initiative to your counterparty that’s on their home turf.

Situational analysis

After obtaining a detailed understanding of your situation, we are able to come up with a strategy and probable scenarios of further development. After evaluating legal and informal aspects of the dispute, we will provide you with recommendations for your next steps.

What should you do to make sure you receive the goods you ordered? What should you do when your counterparty is not respecting your contract? What should you do when your employee starts threatening you with a lawsuit?




Negotiations

We can effectively negotiate with your counterparty on your behalf. We can understand the nuanced position of your counterparty during the negotiations, and we will conduct the negotiations toward a mutually acceptable solution. Due to our experience with both European and Chinese business styles and deep knowledge of the Chinese law, we are able to solve your disputes with minimal costs.

In our previous negotiation cases, we found that a major factor for failure in communication and reaching an agreement is the cultural difference which prevents engaged parties from understanding the counterparty. Having a “cultural interpreter” assisting the communication can quickly help solving the issues and reaching a solution.

When a conflict arises with the Chinese party, the foreign party typically depends on the English-speaking contact person to facilitate the whole communication. The problem stems from the fact, that this person – typically an in-house translator / interpreter of the Chinese party – does not have decision-making power and is not incentivized to draw the attention of her/his leaders to the problems and pass the message. In a situation like this, how does one find a mutually acceptable solution?


Preparation of materials for the legal action

In case you are not able to solve your problem through communication or mediation, the optimal solution might be launching a lawsuit or an arbitration. We can prepare the documentation for launching a lawsuit, finding the right attorney and do our best to get you justice.

The Chinese regulations can differ in every province. In many of them, clientelism is rampant, and only a local attorney familiar with the situation on the ground is able to provide you with the top legal protection. We can find the right attorney for your specific situation, provide smooth communication and coordinated action.