Companies that import from China, export to China, or run global supply chains involving China face unique legal and commercial risks. Zhang&Partners advises international businesses on China trade law, international sales contracts, supplier due diligence, and cross-border commercial dispute resolution—including China litigation and international arbitration (e.g. CIETAC). Our China trade lawyers help you structure deals, protect your rights under Chinese contract law, and resolve trade disputes with China efficiently.

Due Diligence for Trading with China

China due diligence is essential before entering into trade relationships, long-term supply agreements, or joint ventures with Chinese counterparties. Inadequate due diligence can lead to contract defaults, quality disputes, or enforcement difficulties. Our team helps foreign companies and traders to:

  • Verify the legal status, registered capital, and business scope of Chinese suppliers, distributors, or partners (including SAIC/AMR registration checks)
  • Assess contractual capacity, authority to sign, and corporate governance of entities in China
  • Review regulatory and compliance exposure: customs, export controls, sanctions, product standards, and industry licences
  • Identify IP, quality, and performance risks in the supply chain
  • Evaluate creditworthiness and litigation history where relevant to contract risk

We provide supplier due diligence reports and risk summaries so you can make informed decisions when trading with China. For high-value or long-term arrangements, we recommend combining legal due diligence with commercial and technical checks.

Contract Design and Drafting

Well-designed contracts reduce disputes and protect your interests under Chinese law and international practice. Clear terms on governing law, dispute resolution, and remedies are especially important for cross-border trade with China. We advise on:

  • International sales contracts (e.g. INCOTERMS, payment terms such as L/C and advance payment, delivery, inspection, warranties, and limitation of liability) with Chinese parties
  • Distribution, agency, and franchise arrangements in China or cross-border
  • Supply and offtake agreements, quality specifications, and liability caps
  • Choice of law (Chinese law vs. foreign law) and dispute resolution clauses: Chinese courts vs. arbitration, including CIETAC arbitration, HKIAC, ICC, SIAC
  • Force majeure, termination, and post-termination obligations tailored to China trade

Our China trade lawyers draft and negotiate contracts in English and Chinese so that key terms are clear and enforceable in the chosen forum. We also advise on standard terms (e.g. your purchase order or general conditions) and how they interact with Chinese law.

Contract Performance Monitoring

Monitoring performance under China trade contracts helps you spot delays, defects, or breaches early and take timely steps to protect your position. We assist with:

  • Reviewing notices, variation requests, and force majeure claims under your contracts and under Chinese law
  • Advising on remedies: cure periods, price reduction, replacement, termination, and damages under the contract and under the Contract Law of the PRC (where applicable)
  • Preserving evidence and documenting breaches for potential commercial dispute resolution or enforcement
  • Coordinating with local counsel or agents in China where on-the-ground checks, inspections, or negotiations are needed
  • Managing communication with Chinese counterparties to avoid waiver of rights or escalation of disputes unnecessarily

Early legal input during performance can often prevent disputes or put you in a stronger position if trade disputes with China lead to litigation or arbitration.

Dispute Resolution: Litigation and International Arbitration

When trade disputes with China arise—whether over quality, payment, delivery, or breach of contract—we help clients choose and pursue the right forum: China litigation or international arbitration. We represent clients through to judgment or award and, where necessary, enforcement.

China Litigation

Chinese courts handle many commercial disputes involving contracts, product quality, payment, and tort. We advise on jurisdiction (including choice of court clauses), procedure, evidence (including notarisation and legalisation where required), and enforcement of Chinese court judgments. We work with qualified Chinese lawyers and can coordinate representation in mainland China. China litigation can be appropriate where the counterparty or assets are in China and the contract does not require arbitration.

International Arbitration (CIETAC, HKIAC, ICC)

Arbitration is often preferred for cross-border trade disputes because of neutrality, confidentiality, and enforceability under the New York Convention. We advise on:

  • CIETAC arbitration (China International Economic and Trade Arbitration Commission)—widely used for China-related contracts and well understood by Chinese parties
  • HKIAC, ICC, SIAC, and other arbitral institutions for international trade and investment disputes
  • Arbitration agreement drafting: seat, language, rules, and number of arbitrators
  • Enforcement of arbitral awards in China and abroad (including recognition of foreign awards in Chinese courts)

Whether you are enforcing a foreign award in China or defending a claim, we provide practical dispute resolution support for international trade with China. For more on our dispute resolution practice, see our International Dispute Resolution and contact us for a consultation.

Customs, Trade Compliance, and Related Matters

Cross-border trade with China involves customs, export controls, and sometimes sanctions or product regulations. We do not provide customs brokerage, but we can advise on:

  • Contractual allocation of customs and import/export compliance responsibilities
  • Disputes arising from customs classification, valuation, or origin
  • Trade remedy and anti-dumping issues where they affect your contracts or supply chain

Why Choose Zhang&Partners for China Trade Legal Services

Our lawyers combine experience in international trade, Chinese contract law, and cross-border dispute resolution. We serve traders, manufacturers, distributors, and logistics companies doing business with China. We work in English and Chinese and are used to coordinating with overseas counsel for multi-jurisdictional matters. Contact us for China trade legal advice, contract review, supplier due diligence, or commercial dispute resolution—including China litigation and CIETAC arbitration.

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