By Liu Xiangwen and Xu Xianhong  King & Wood Mallesons’ Dispute Resolution Group

International commercial disputes have an extensive scope, involving matters such as international sale of goods, mergers and acquisitions, private equity investments, and construction. The so-called international commercial dispute resolution cases dealt with by Chinese lawyers means those related to China and foreign countries, the main factors of which occurred either in China or in other countries. Due to the main characteristic of cross-border issues, international commercial dispute resolution is distinguished from domestic dispute resolution.

In the past, the parties in international commercial activities paid less attention when choosing options for dispute resolution, which were indicated by the fact that there were often no dispute resolution clauses in their contracts, or even where there were such provisions, they were poorly drafted. This situation has improved substantially according to recent cases we have dealt with.Continue Reading Options for International Commercial Dispute Resolution

作者:刘相文 徐献宏   金杜律师事务所争议解决

国际商事争议的范围很广,涉及国际货物买卖、并购、PE投资、工程建设等诸多领域。但是简言之,中国律师所处理的“国际商事争议”,指的是同时具备中国和外国因素的商事争议,其主要事实可能发生在中国国内,也可能发生在国外。由于其跨国性的基本特点,国际商事争议的解决方式与国内争议有明显的区别。

在处理案件的过程中,我们发现国际商事活动的当事人越来越重视争议解决方式的选择,之前在合同中没有争议解决条款或者争议解决条款不规范的情况有所改观。Continue Reading 刍议国际商事争议解决方式的选择