JURISDICTION · MIDDLE EAST & ASIA
Cross-Border
Legal Counsel in China
Arbitration, award enforcement, and cross-border commercial disputes involving Chinese parties — navigating CIETAC, the New York Convention, and the practical realities of enforcement in China.
Since 2011
boutique international counsel
boutique international counsel
Partner-led
one partner owns your matter
one partner owns your matter
35+
jurisdictions covered
jurisdictions covered
China is a central jurisdiction in VLO's Middle East & Asia practice, reflecting its weight in global trade and the volume of cross-border disputes involving Chinese parties. We focus on arbitration with a Chinese dimension, recognition and enforcement of foreign awards in China, and commercial disputes between Chinese and foreign counterparties — areas where the gap between the formal legal framework and practical reality is widest, and where experienced navigation matters most.
China rewards counsel who understand both its arbitration framework — including the role of CIETAC and the relevance of Hong Kong as a seat for China-related disputes — and the practical realities of enforcement against Chinese assets. A foreign party who treats China like a Western jurisdiction, or who fails to structure dispute-resolution clauses with Chinese enforcement in mind, frequently finds an award difficult to realise.
Most China matters we handle connect China with other markets — a supply or investment relationship between a Chinese party and a European, Middle Eastern, or South Asian counterparty — and we coordinate the Chinese element with the wider dispute under one partner experienced in Asian commercial disputes.
China rewards counsel who understand both its arbitration framework — including the role of CIETAC and the relevance of Hong Kong as a seat for China-related disputes — and the practical realities of enforcement against Chinese assets. A foreign party who treats China like a Western jurisdiction, or who fails to structure dispute-resolution clauses with Chinese enforcement in mind, frequently finds an award difficult to realise.
Most China matters we handle connect China with other markets — a supply or investment relationship between a Chinese party and a European, Middle Eastern, or South Asian counterparty — and we coordinate the Chinese element with the wider dispute under one partner experienced in Asian commercial disputes.
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VLO IN CHINA
Send a China brief
How we work in China
LEGAL SYSTEM
What foreign parties need to know about China
China has a civil-law-based legal system with distinctive features reflecting its own legal and political framework. Private and commercial law is codified, notably in the Civil Code, and disputes are heard by the People's Courts in a tiered structure, with specialised and intermediate courts handling commercial and foreign-related matters and the Supreme People's Court at the apex.
For foreign parties, the most important practical realities are these: foreign-related commercial disputes are treated under specific rules; the choice between litigation and arbitration, and the drafting of the dispute-resolution clause, has outsized consequences for enforceability; and the practical enforcement of decisions against Chinese assets requires understanding how the local court system operates. China has taken steps to improve the predictability and openness of its commercial courts, including for foreign-related matters, but careful navigation remains essential.
China's framework for foreign investment and its sector-specific regulation can significantly affect transactions, and structuring a China-related deal or dispute-resolution mechanism requires attention to these realities from the outset.
Foreign parties should also understand the practical significance of the distinction between foreign-related and purely domestic disputes in the Chinese system, which can affect the rules that apply, the available forums, and the enforceability of dispute-resolution clauses. Characterising a matter correctly, and structuring the relationship so that it falls within the more favourable framework where possible, is part of the upstream planning that determines downstream enforceability.
For foreign parties, the most important practical realities are these: foreign-related commercial disputes are treated under specific rules; the choice between litigation and arbitration, and the drafting of the dispute-resolution clause, has outsized consequences for enforceability; and the practical enforcement of decisions against Chinese assets requires understanding how the local court system operates. China has taken steps to improve the predictability and openness of its commercial courts, including for foreign-related matters, but careful navigation remains essential.
China's framework for foreign investment and its sector-specific regulation can significantly affect transactions, and structuring a China-related deal or dispute-resolution mechanism requires attention to these realities from the outset.
Foreign parties should also understand the practical significance of the distinction between foreign-related and purely domestic disputes in the Chinese system, which can affect the rules that apply, the available forums, and the enforceability of dispute-resolution clauses. Characterising a matter correctly, and structuring the relationship so that it falls within the more favourable framework where possible, is part of the upstream planning that determines downstream enforceability.
ENFORCEMENT & RECOGNITION
Enforcing judgments and awards in China
Enforcement is where China-related disputes most often succeed or fail, and the choice made at the contract-drafting stage frequently determines the outcome. China is a party to the New York Convention, and Chinese courts recognise and enforce foreign arbitral awards under it, with a reporting mechanism within the court system intended to promote consistency in award recognition. In practice, a New York Convention award is generally more straightforward to enforce against Chinese assets than a foreign court judgment.
Recognition of foreign court judgments in China is more limited and depends on treaty relationships or reciprocity, and has historically been more difficult — though the position has been developing. For this reason, a well-drafted arbitration clause providing for a New York Convention award is usually the more enforceable choice for a foreign party contracting with a Chinese counterparty.
The seat matters greatly. Hong Kong, with its distinct common-law system and arrangements with mainland China for mutual enforcement, is frequently the preferred seat for China-related disputes, offering a combination of a sophisticated arbitral environment and a comparatively reliable route to mainland enforcement. We advise on these choices with enforcement as the primary consideration.
A practical refinement on China enforcement concerns the internal reporting mechanism within the Chinese court system for the non-recognition of foreign arbitral awards. Designed to promote consistency by elevating refusals through the court hierarchy, it provides a measure of reassurance to award creditors that a New York Convention award will not be lightly set aside at local level. Understanding how this mechanism operates is part of assessing the realistic prospects of enforcing against Chinese assets.
Recognition of foreign court judgments in China is more limited and depends on treaty relationships or reciprocity, and has historically been more difficult — though the position has been developing. For this reason, a well-drafted arbitration clause providing for a New York Convention award is usually the more enforceable choice for a foreign party contracting with a Chinese counterparty.
The seat matters greatly. Hong Kong, with its distinct common-law system and arrangements with mainland China for mutual enforcement, is frequently the preferred seat for China-related disputes, offering a combination of a sophisticated arbitral environment and a comparatively reliable route to mainland enforcement. We advise on these choices with enforcement as the primary consideration.
A practical refinement on China enforcement concerns the internal reporting mechanism within the Chinese court system for the non-recognition of foreign arbitral awards. Designed to promote consistency by elevating refusals through the court hierarchy, it provides a measure of reassurance to award creditors that a New York Convention award will not be lightly set aside at local level. Understanding how this mechanism operates is part of assessing the realistic prospects of enforcing against Chinese assets.
DISPUTE RESOLUTION FORUMS
Where China disputes are resolved
For China-related arbitration, the China International Economic and Trade Arbitration Commission (CIETAC) is the principal mainland institution, and the Hong Kong International Arbitration Centre (HKIAC) is a leading choice for China-related disputes given Hong Kong's status and its enforcement arrangements with the mainland. Singapore (SIAC) is also frequently chosen as a neutral seat for disputes involving Chinese parties.
The choice of institution and seat is the single most consequential decision in a China-related dispute-resolution clause, because it determines both the conduct of any proceeding and — critically — the enforceability of the result against Chinese assets. We advise on this choice at the contracting stage where possible, and work within whatever framework exists when a dispute has already arisen.
The Hong Kong dimension deserves particular emphasis. Hong Kong's distinct common-law system, its standing as a leading arbitral seat, and its arrangements with mainland China for the mutual enforcement of arbitral awards and, increasingly, judgments, make it the natural bridge for China-related disputes. For many foreign parties, a Hong Kong seat captures most of the advantages of proximity to the mainland while retaining the predictability of a common-law forum.
Beyond the choice between CIETAC, Hong Kong, and Singapore, foreign parties should be alive to the importance of the precise drafting of the arbitration clause itself in the Chinese context. Clauses that are valid and enforceable in many jurisdictions can encounter difficulty if they do not meet the specific requirements Chinese law and practice expect — designating a definite institution, for example. A clause that looks robust but is defective in the Chinese context can undermine enforceability entirely, which is why we treat clause drafting as a core part of China-related risk management.
The choice of institution and seat is the single most consequential decision in a China-related dispute-resolution clause, because it determines both the conduct of any proceeding and — critically — the enforceability of the result against Chinese assets. We advise on this choice at the contracting stage where possible, and work within whatever framework exists when a dispute has already arisen.
The Hong Kong dimension deserves particular emphasis. Hong Kong's distinct common-law system, its standing as a leading arbitral seat, and its arrangements with mainland China for the mutual enforcement of arbitral awards and, increasingly, judgments, make it the natural bridge for China-related disputes. For many foreign parties, a Hong Kong seat captures most of the advantages of proximity to the mainland while retaining the predictability of a common-law forum.
Beyond the choice between CIETAC, Hong Kong, and Singapore, foreign parties should be alive to the importance of the precise drafting of the arbitration clause itself in the Chinese context. Clauses that are valid and enforceable in many jurisdictions can encounter difficulty if they do not meet the specific requirements Chinese law and practice expect — designating a definite institution, for example. A clause that looks robust but is defective in the Chinese context can undermine enforceability entirely, which is why we treat clause drafting as a core part of China-related risk management.
WHEN CLIENTS COME TO US
Common China scenarios
CHINA-RELATED ARBITRATION
Your contract with a Chinese counterparty contains an arbitration clause, or you are structuring one. We act as counsel and advise on institution and seat — CIETAC, Hong Kong, or Singapore — with enforceability against Chinese assets as the priority.
ENFORCING AN AWARD IN CHINA
You hold a foreign arbitral award against a Chinese party. We coordinate recognition and enforcement under the New York Convention through the Chinese courts, anticipating the practical realities of enforcement.
SUPPLY OR INVESTMENT DISPUTE
A commercial dispute has arisen between a Chinese party and a European, Middle Eastern, or South Asian counterparty. We coordinate the Chinese element with the wider cross-border dispute.
DISPUTE-RESOLUTION CLAUSE STRUCTURING
You are entering a contract with a Chinese counterparty and need the dispute-resolution mechanism structured for enforceability. We advise on the clause with Chinese enforcement realities in mind.
ILLUSTRATIVE MATTER
What a China engagement looks like
SECTORS & MATTER TYPES
The China matters we see most
China matters that reach us are concentrated in trade, supply, investment, and the disputes arising from them. Supply-chain and trade disputes are a major cluster, reflecting China's role in global manufacturing — disputes between Chinese suppliers and foreign buyers, or vice versa, where the enforceability of any award against Chinese assets is the central concern.
A second cluster is investment and joint-venture disputes involving Chinese parties and foreign co-investors, and a third is award enforcement against Chinese assets. Across all of these, the through-line is the gap between formal framework and practical enforceability, and the consequent importance of getting the dispute-resolution structure right.
We do not handle Chinese domestic litigation, regulatory filing within China, or matters requiring a mainland-licensed practitioner acting alone. Our work is the cross-border dispute involving a Chinese party where strategic structuring and enforcement experience add value, working with mainland or Hong Kong counsel as required.
China matters concentrate in manufacturing and supply chain, technology and IP, energy and infrastructure (including Belt and Road-related projects), and increasingly outbound Chinese investment disputes. The IP dimension is significant: as Chinese and foreign technology interests intersect, licensing, infringement, and trade-secret disputes form a growing share of the cross-border China work, and these too turn heavily on where and how they can be enforced.
A second cluster is investment and joint-venture disputes involving Chinese parties and foreign co-investors, and a third is award enforcement against Chinese assets. Across all of these, the through-line is the gap between formal framework and practical enforceability, and the consequent importance of getting the dispute-resolution structure right.
We do not handle Chinese domestic litigation, regulatory filing within China, or matters requiring a mainland-licensed practitioner acting alone. Our work is the cross-border dispute involving a Chinese party where strategic structuring and enforcement experience add value, working with mainland or Hong Kong counsel as required.
China matters concentrate in manufacturing and supply chain, technology and IP, energy and infrastructure (including Belt and Road-related projects), and increasingly outbound Chinese investment disputes. The IP dimension is significant: as Chinese and foreign technology interests intersect, licensing, infringement, and trade-secret disputes form a growing share of the cross-border China work, and these too turn heavily on where and how they can be enforced.
HOW COORDINATION WORKS
One partner, one strategy — across every jurisdiction
China matters are run on our standard coordination model, with the Middle East & Asia desk providing experience in Asian commercial disputes and the practical realities of China-related enforcement. Mainland Chinese or Hong Kong counsel are engaged and coordinated where local qualification is required, under the VLO partner who owns the overall strategy.
Coordination is particularly important in China-related matters because the enforceability of a result so often depends on choices — institution, seat, clause structure — made far upstream of any dispute, and on aligning the Chinese element with proceedings or assets in the other markets a matter touches. One partner owning that whole picture, from clause drafting through to enforcement, is how the common failure of an unenforceable award is avoided.
Coordination is particularly important in China-related matters because the enforceability of a result so often depends on choices — institution, seat, clause structure — made far upstream of any dispute, and on aligning the Chinese element with proceedings or assets in the other markets a matter touches. One partner owning that whole picture, from clause drafting through to enforcement, is how the common failure of an unenforceable award is avoided.
OUR APPROACH
How a China matter is run
China rewards enforcement-first structuring and the right choice of seat. We scope the China issues alongside every other jurisdiction in play, deliver a strategy memo with a procedural map and fee structure within five business days, run the China-related matter through our Middle East & Asia desk with mainland or Hong Kong counsel as required, and report to you in English.
SCOPING
Map the China issues and any other jurisdictions involved
STRATEGY MEMO
Procedural map, merits, fees — within 5 business days
EXECUTION
Middle East & Asia desk leads; local counsel coordinated by VLO
RESOLUTION
Settlement, award, or judgment — reported in English
Arjun Nadeem
Matters in China are coordinated through the Middle East & Asia desk. For a matter routed to Arjun, use the main contact form — enquiries are routed by jurisdiction and practice area.
PARTNER · MIDDLE EAST & ASIA
AN
CHINA DESK LEAD
WHY VLO FOR CHINA
What we bring to a China matter
China rewards counsel who treat enforceability as the first question, not the last. The gap between China's formal legal framework and the practical reality of enforcing against Chinese assets is wide, and it is bridged — or not — by decisions made at the contract-drafting stage: the choice of arbitration over litigation, the choice of seat (Hong Kong, Singapore, or mainland), and the structure of the dispute-resolution clause.
VLO's value in China is a partner experienced in Asian commercial disputes who approaches a China matter with enforcement as the organising principle, advises on the structural choices that determine whether an award can be realised, and coordinates the Chinese element with the wider cross-border picture — working with mainland or Hong Kong counsel as the matter requires.
For clients trading with or investing in China, this means a dispute-resolution strategy built for enforceability, not just for winning on paper, run by one partner who sees the matter from clause drafting through to recovery, with the discretion sensitive commercial matters require.
VLO's value in China is a partner experienced in Asian commercial disputes who approaches a China matter with enforcement as the organising principle, advises on the structural choices that determine whether an award can be realised, and coordinates the Chinese element with the wider cross-border picture — working with mainland or Hong Kong counsel as the matter requires.
For clients trading with or investing in China, this means a dispute-resolution strategy built for enforceability, not just for winning on paper, run by one partner who sees the matter from clause drafting through to recovery, with the discretion sensitive commercial matters require.
PARTNER OWNERSHIP
China is handled as part of the wider strategy, not as an isolated engagement.
CROSS-BORDER COORDINATION
TRANSPARENT FEES
Confidential by default. No press without explicit consent.
DISCRETION
FREQUENTLY ASKED · CHINA
Common questions about China matters
Is it better to choose arbitration or litigation for a China dispute?
It depends on the matter, but Hong Kong is frequently preferred for China-related disputes given its sophisticated arbitral environment and its arrangements with mainland China for mutual enforcement. Singapore is also a common neutral choice, and CIETAC administers mainland-seated proceedings. We advise on the choice with enforcement against Chinese assets as the central consideration.
What seat should I choose for a China-related dispute?
Can you enforce a foreign award against Chinese assets?
Recognition of foreign court judgments in China is more limited than award enforcement and depends on treaty relationships or reciprocity, though the position has been developing. This is a key reason arbitration is usually the more enforceable choice for foreign parties.
Are foreign court judgments enforceable in China?
Do you act with mainland or Hong Kong counsel?
Ideally at the drafting stage. The enforceability of any future award against Chinese assets depends heavily on the dispute-resolution clause — the choice of arbitration, institution, and seat — so structuring it correctly upfront is far more effective than trying to fix it once a dispute has arisen.
When should I involve you in a China contract?
RELEVANT PRACTICES IN CHINA
How we help in China
Litigation & Arbitration matters with a China dimension.
Enforcement of Foreign Judgments matters with a China dimension.
IP Protection matters with a China dimension.
RELATED JURISDICTIONS
Matters in China often connect with
Middle East & Asia
Middle East & Asia
Middle East & Asia
UK & Common Law