Service Overview

International commercial arbitration resolves commercially disputes with international elements by submitting them to a third-party arbitration institution or tribunal pursuant to an arbitration agreement. Known for efficiency, confidentiality, and strong cross-border enforceability, it is the preferred method for resolving disputes in cross-border commercial transactions.

Applicable Scenarios

When to Use International Arbitration

1. International Trade Disputes

Disputes between buyers and sellers regarding goods quality, delivery deadlines, and payment terms; disputes under letters of credit and independent guarantees.

2.  Cross-border Investment & Financing Disputes

Disputes between shareholders of sino-foreign joint ventures regarding equity transfers, profit distribution, and corporate governance; breaches of representations and warranties in overseas M&A.

3.  Construction Engineering & PPP Project Disputes

Disputes between contractors and employers in overseas engineering projects regarding payment delays, construction delays, and variation claims.

4.  Intellectual Property Licensing Disputes

Breach or termination disputes arising from cross-border technology, trademark, and patent licensing agreements.

5. Service Contracts & Agency Disputes

Disputes regarding service fees, breaches, and liability in cross-border consulting, audit, design, and agency service contracts.

 Service Scope

What We Offer

1.  Arbitration Institution Selection & Arbitration Agreement Drafting

Advising on optimal arbitration institution based on transaction nature, parties' locations, and enforcement needs; drafting dispute resolution clauses to ensure the arbitration agreement is legally valid.

2. Full-cycle Arbitration Representation

Representing clients in all stages: filing claims/responses, counterclaims, document disclosure, examination of witnesses/experts, hearing statements, and arbitrator challenge applications.

3.  Preservation & Interim Measures Application

Applying to courts for property preservation, evidence preservation, and injunctive relief before or after initiating arbitration to ensure enforceability.

4.  Award Annulment & Enforcement Defense

Opposing applications for award annulment and defending against resistance to enforcement filed by the opposing party.

5.  Cross-border Award Enforcement

Pursuing recognition and enforcement of awards in over 170 New York Convention contracting states; handling legal obstacles in enforcement proceedings.

6. Arbitrator Appointment & Challenge

Assisting clients in selecting arbitrators or filing challenges regarding the independence/impartiality of arbitrators appointed by the opposing party.

7.  Arbitration-Litigation Coordination

Handling disputes regarding validity of arbitration agreements, emergency arbitrator proceedings (EAP), and coordination between interim measures and court enforcement.

Pingqian's Core Advantages

Why Choose Pingqian

1.  Multi-Institution Coverage

Our team holds arbitrator credentials with CIETAC, ICC, and HKIAC, enabling expert navigation of procedural differences across institutions.

2. Bilingual Full-Service

Full-service representation in both Chinese and English throughout; seamless coordination with overseas counsel.

3. Arbitration & Litigation Dual-track Advantage

Expertise in both international arbitration and domestic court review ensures seamless coordination across preservation, annulment, and enforcement.

4.  Flexible Fee Structure

Offering fixed fee, contingency, and hourly rate arrangements; phased payment options for high-value disputes to reduce cash flow pressure.

5. Rapid Response Mechanism

Pingqian commits to initiating emergency arbitrator applications and interim measures within 2 business days.

 Service Process

5-Step Process

01   Initial Assessment & Strategy Formulation

Collecting case materials; analyzing dispute nature, contractual arbitration clauses, and the opposing party's situation; evaluating institution suitability; formulating optimal arbitration strategy.

02  Institution Confirmation & Document Preparation

Confirming the arbitration institution and rules; drafting and submitting the Statement of Claim/Defense; preparing evidence lists and witness/expert rosters.

03  Arbitration Proceedings Advancement

Participating in document disclosure, written cross-examination, and hearings; representing clients in all tribunal communications to ensure their position is fully presented.

04  Award Obtainment & Outcome Assessment

After obtaining the award, conducting a comprehensive assessment of the outcome and subsequent enforcement strategy.

05  Award Enforcement (Global Scope)

Pursuing recognition and enforcement under the New York Convention; handling enforcement objections and asset tracing procedures.

Frequently Asked Questions

Common Questions Answered

Q1: Can an international commercial arbitration award be enforced in China?

  A: Yes. As a New York Convention contracting state, China can recognize and enforce foreign arbitration awards. Awards made by Chinese institutions can be enforced in over 170 contracting states.

Q2: How do I determine which arbitration institution is most suitable?

 A:   Consider: type of dispute, contract value, location of the opposing party, involvement of SOEs, countries for enforcement, and budget. Pingqian's team will provide customized recommendations.

Q3: What are the advantages of arbitration over litigation?

  A: Key advantages: ① Final award with no appeal, shorter timeline; ② High confidentiality; ③ Strong cross-border enforceability (170+ countries); ④ Party autonomy in language, seat, and rules; ⑤ High arbitrator expertise.

Q4: How long does an arbitration proceeding typically take?

  A:  Depends on institution, complexity, and value. Simple cases conclude in 6-12 months; complex cases typically 1.5-3 years. ICC, HKIAC, and others offer expedited procedures.

Q5: What are the main components of arbitration costs?

  A:   Main costs: ① Filing fees (percentage of dispute value); ② Arbitrator fees; ③ Legal counsel fees; ④ Miscellaneous costs (disclosure, translation, witness travel). Pingqian offers flexible fee structures.

Contact Pingqian for a Tailored Arbitration Solution

·  CALL FOR IMMEDIATE CONSULTATION 

· ADD WECHAT FOR BOOKING

· VISIT OFFICIAL WEBSITE