Resolving commercial disputes

Dispute resolution

The Australian Government is often asked to provide assistance to Australian companies that have become involved in a commercial dispute in China. Very often, there is little the government can do.

The Australian Government can provide limited assistance through:

  • providing a list of local law firms and arbitrators
  • sharing basic information on potentially applicable trade agreements
  • providing advice on relevant Chinese business practices.

The Australian Government is not in a position to provide Australian companies or individuals with legal advice.

If a company does find itself in a commercial dispute, it will be important to know what the options are and to prepare accordingly. Generally speaking, it is best to start low-key and escalate the problem slowly.

Typically this would mean starting with negotiation, moving to mediation and as a final step, arbitration or litigation.

For more information on what your options are if commercial disputes arise in China, please visit Austrade’s page on Resolving Commercial Disputes in China or contact Austrade for referrals to in-market service providers with expertise in dispute resolution.