SERVING CLIENTS ACROSS THE U.S. · CROSS-BORDER PERSPECTIVEImmigration · Business · Cross-Border Disputes
LEGAL SERVICES

International Arbitration Strategy

For disputes between U.S. and Chinese parties, arbitration is often the only route to a decision both countries will enforce. The clause you signed decides the institution, the seat, the language and the law—and a clause drafted carelessly can leave you with a tribunal in the wrong city applying the wrong rules. We advise on clauses before signing and on strategy once a dispute is live.

Request a free initial consultation Nationwide clients · Chinese and English
HOW WE HELP

What we look at first

01

Clause and seat

CIETAC, HKIAC, SIAC, ICC or AAA-ICDR; a seat in Hong Kong, Singapore, New York or elsewhere; the language of the proceedings and the governing law. Each choice has consequences for cost, neutrality and enforcement.

02

Procedure and evidence

Document production, witness statements, expert evidence and interim measures—planned around what a tribunal from the chosen institution will expect and what your evidence can support.

03

Enforcement outlook

Where the other side's assets are, and how an award from the chosen seat is treated there. For China, that means the New York Convention and the reporting system Chinese courts apply before refusing enforcement.

04

Working with arbitration counsel

For hearings and complex proceedings we work with experienced arbitration counsel and Chinese counsel, coordinating strategy and keeping the client's commercial objectives in front.

OUR APPROACH

How the matter proceeds

01

Interpret

Read the arbitration agreement and confirm what it actually provides.

02

Plan

Assess cost, forum, evidence and enforcement before the first filing.

03

Coordinate

Run the proceeding with specialist counsel where the matter requires it.

COMMON QUESTIONS

Common questions

Practical answers to frequently asked questions. Individual circumstances can affect the best course of action.

Can every commercial dispute be arbitrated?+
Most can, if the parties agreed to it. Some subject matters are reserved to courts, and a badly drafted clause can be unenforceable. We check both before relying on it.
Are arbitral awards enforceable internationally?+
Broadly yes, in the more than 170 countries that are party to the New York Convention, including the United States and China. Local procedures and limited defenses still apply.
Should we pick CIETAC or a non-Chinese institution?+
It depends on where the counterparty's assets are, what the counterparty will accept and how much neutrality matters to you. Hong Kong and Singapore are frequent compromises; there is no universal answer.
THE NEXT STEP

Ready when you are.

Briefly describe your legal needs. We offer a complimentary initial consultation and will discuss the next steps with you.

Request a consultation