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 contact Austrade for referrals to in-market service providers with expertise in dispute resolution.