International Business Disputes Resolution
Efficiently navigate and resolve international business disputes in foreign markets with the guidance of expert legal support, protecting your interests and minimizing disruptions.
What are International Business Disputes?
International business disputes arise from conflicts in cross-border commercial transactions, investments, joint ventures, OEM, and outsourcing agreements, and the enforcement of foreign judgments and awards.
How are International Business Disputes Resolved?
Negotiation: Parties attempt to reach a mutual agreement to resolve the dispute.
Mediation: A neutral third party helps the disputing parties to reach a settlement.
Arbitration: A neutral arbitrator makes a binding decision to resolve the dispute.
Litigation: Disputes are resolved in court, with a judge or jury making the final decision.
Recognition and Enforcement of Foreign Judgments and Arbitral Awards
Many countries are members of the New York Convention, which facilitates the recognition and enforcement of foreign arbitral awards. Membership in this convention means that an arbitral award made in one member country can be recognized and enforced in another member country, subject to certain conditions.
Common Scenarios
Export and International Sales
Sale and export of goods and products to foreign markets, including direct sales and sales through distributors.
Foreign Direct Investment
Investment in, setting up, managing, and closing business entities in foreign markets, including subsidiaries, partnerships, or joint ventures.
IP Licensing and Technology Transfer
Licensing intellectual property and transferring technology to foreign partners.
Cross-border Services
Provision of professional or business services to foreign clients without establishing a physical presence.
Explore Legal Solutions by Country
Taiwan
- Preferred Dispute Resolution: Arbitration is preferred for its speed and enforceability.
- Common Arbitration Venue: The Chinese Arbitration Association, Taipei (CAA) is often used for resolving trade disputes.
- New York Convention: Taiwan is not a member of the New York Convention, but its arbitration laws often recognize foreign awards on a reciprocal basis.
Philippines
- Preferred Dispute Resolution: Arbitration and mediation are commonly used to resolve disputes.
- Common Arbitration Venue: The Philippine Dispute Resolution Centre, Inc. (PDRCI) is a key venue for trade disputes.
- New York Convention: The Philippines is a member of the New York Convention, facilitating the enforcement of international arbitral awards.
Canada
Hong Kong
- Preferred Dispute Resolution: Arbitration is highly favored due to its strong legal framework and neutrality.
- Common Arbitration Venue: The Hong Kong International Arbitration Centre (HKIAC) is a leading venue for trade disputes.
- New York Convention: Hong Kong is a member of the New York Convention, facilitating the recognition and enforcement of foreign arbitral awards.
Brazil
- Preferred Dispute Resolution: Arbitration is often chosen to handle complex trade disputes.
- Common Arbitration Venue: The Brazil-Canada Chamber of Commerce (CCBC)is a popular choice for arbitration proceedings.
- New York Convention: Brazil is a member of the New York Convention, supporting the enforcement of foreign arbitral awards.
India
- Preferred Dispute Resolution: Arbitration is commonly chosen to avoid lengthy court processes.
- Common Arbitration Venue: The Singapore International Arbitration Centre (SIAC) is often used due to its proximity and expertise in handling Indian trade disputes.
- New York Convention: India is a member of the New York Convention, aiding the enforcement of foreign arbitral awards.
Vietnam
- Preferred Dispute Resolution: Arbitration is preferred due to its efficiency and confidentiality.
- Common Arbitration Venue: The Vietnam International Arbitration Centre (VIAC)is the primary venue for trade disputes in Vietnam.
- New York Convention: Vietnam is a member of the New York Convention, aiding in the enforcement of international arbitral awards.
China
- Preferred Dispute Resolution: Arbitration is often preferred due to efficiency and enforceability.
- Common Arbitration Venue: The China International Economic and Trade Arbitration Commission (CIETAC) is frequently used for resolving trade disputes involving Chinese parties.
- New York Convention: China is a member of the New York Convention, facilitating the recognition and enforcement of foreign arbitral awards.
U.S
Indonesia
- Preferred Dispute Resolution: Arbitration and mediation are commonly used to resolve disputes efficiently.
- Common Arbitration Venue: The Indonesian National Board of Arbitration (BANI) is a key venue for trade disputes involving Indonesian companies.
- New York Convention: Indonesia is a member of the New York Convention, assisting in the enforcement of international arbitral awards.
Malaysia
- Preferred Dispute Resolution: Arbitration is favored for its neutrality and enforceability.
- Common Arbitration Venue: The Asian International Arbitration Centre (AIAC) in Kuala Lumpur is widely used for resolving trade disputes.
- New York Convention: Malaysia is a member of the New York Convention, which facilitates the recognition and enforcement of foreign arbitral awards.
Thailand
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China
Hongli Sun
Hongli Sun
Subject Expertise
Commercial Contracts
,
Corporate
,
Dispute Resolution
,
Foreign Direct Investment
,
Mergers and Acquisitions
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China
Sylvia Zhang
Sylvia Zhang
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Corporate
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Commercial Contracts
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Dispute Resolution
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Employment
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Foreign Direct Investment
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China
Emilia Shi
Emilia Shi
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Capital Markets & Securities
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Commercial Contracts
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Corporate
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Dispute Resolution
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Employment
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Canada
Martin Aquilina
Martin Aquilina
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Commercial Contracts
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Dispute Resolution
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Foreign Direct Investment
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Mergers and Acquisitions
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Indonesia
oswald soaloan
oswald soaloan
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Bankruptcy & Insolvency
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Dispute Resolution
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Commercial Contracts
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Foreign Direct Investment
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Landlord and Tenant matters
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Thulane Radebe
Thulane Radebe
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Commercial Contracts
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Landlord and Tenant matters
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Will & Estate (and Trust)
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Other
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India
Adv. Soaham Panse
Adv. Soaham Panse
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Maritime and Admiralty
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Tax
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Dispute Resolution
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China
Shuangyan Li
Shuangyan Li
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Dispute Resolution
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Capital Markets & Securities
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Commercial Contracts
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Corporate
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Canada
Selma Paciornik
Selma Paciornik
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Corporate
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Indonesia
Roni Marpaung
Roni Marpaung
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Dispute Resolution
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Bankruptcy & Insolvency
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Crisis Management
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Other
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U.S.
Robert Liu
Robert Liu
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Banking
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Bankruptcy & Insolvency
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Capital Markets & Securities
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Administrative
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Canada
Phebe Chan
Phebe Chan
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Immigration
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India
Adv. Manish Bhojwani
Adv. Manish Bhojwani
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Corporate
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Criminal Defense
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Canada
Jasmine Landau
Jasmine Landau
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International Trade
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Crisis Management
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China
Grace Li
Grace Li
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Other
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International Trade
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Indonesia
Fenny Tohir Tohir
Fenny Tohir Tohir
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U.S.
Connie Dai
Connie Dai
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Corporate
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Employment
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Foreign Direct Investment
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Other
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Canada
Catherine Ou
Catherine Ou
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China
Bessie LIU
Bessie LIU
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Other
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Regulatory Compliance
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Corporate
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India
Abhishek Esq.
Abhishek Esq.
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Commercial Contracts
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Corporate
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Criminal Defense
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Employment
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India
Abhishek Majumdar
Abhishek Majumdar
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Dispute Resolution
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Bankruptcy & Insolvency
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Capital Markets & Securities
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Commercial Contracts
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Corporate
,
China
Yuxiang Hu
Yuxiang Hu
Subject Expertise
Dispute Resolution
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China
Mary Mao
Mary Mao
Subject Expertise
Corporate
,
Commercial Contracts
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Mergers and Acquisitions
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Bankruptcy & Insolvency
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Foreign Direct Investment
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China
Katherine Liu
Katherine Liu
Subject Expertise
Foreign Direct Investment
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Mergers and Acquisitions
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Corporate
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Dispute Resolution
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China
Jay Chen
Jay Chen
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Commercial Contracts
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Corporate
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Dispute Resolution
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Employment
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Foreign Direct Investment
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China
Guanglei Zhang
Guanglei Zhang
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Dispute Resolution
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Employment
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Other
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China
Susan Wang
Susan Wang
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Corporate
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Foreign Direct Investment
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Mergers and Acquisitions
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Other
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Commercial Contracts
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China
Youping Deng
Youping Deng
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Dispute Resolution
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Commercial Contracts
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Corporate
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Employment
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Mergers and Acquisitions
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China
Chungang Dong
Chungang Dong
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Bankruptcy & Insolvency
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Dispute Resolution
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Canada
Dean Davison
Dean Davison
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Commercial Contracts
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Corporate
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Dispute Resolution
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Employment
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China
Chao Yang
Chao Yang
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Commercial Contracts
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Capital Markets & Securities
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Dispute Resolution
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China
Wei Lin
Wei Lin
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Commercial Contracts
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Corporate
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