China Court Playbook
中国商事诉讼 · 涉外商事争议 · 财产保全 · 判决执行
Commercial litigation in China starts before the claim is filed.
For companies, investors, founders and decision-makers assessing a commercial claim or defense before a court in the People's Republic of China.
Discuss a China disputeBefore filing
What to assess
A claim is only one part of the dispute strategy.
A China litigation strategy should connect the legal claim with jurisdiction, evidence, preservation, hearing preparation, settlement leverage and enforcement. Those decisions are interdependent. A strong pleading cannot compensate for an unavailable asset, weak evidence or a filing in the wrong forum.
Foreign parties should also plan for corporate authorization documents, service, translation and any formalities applicable to materials originating outside Mainland China. These requirements should be mapped early rather than treated as filing-stage administration.
A practical sequence
From first assessment to enforcement.
- 01
Jurisdiction and claim design
Review dispute resolution clauses, connecting factors, parties, claims, limitation issues and the commercial objective.
- 02
Evidence and asset mapping
Organize documents, electronic records, payment evidence and corporate materials while identifying assets and preservation options.
- 03
Filing, preservation and service
Coordinate filing requirements, security for preservation, service arrangements and any cross-border document formalities.
- 04
Hearings and settlement leverage
Build a coherent factual record, respond to procedural developments and assess settlement against likely outcomes and recoverability.
- 05
Judgment and enforcement
Plan for voluntary performance or compulsory enforcement, including asset leads, preservation status and parallel proceedings.
Preliminary budgeting
Estimate China dispute costs before choosing the route.
The estimator covers indicative PRC court or arbitration fees, property preservation costs and a fixed legal fee guide. It is a budgeting tool, not a fee quotation.
Open Cost EstimatorFrequently asked questions
Questions companies ask before litigating in China.
Can a foreign company sue in a Chinese court?
Potentially yes. A foreign company may bring a commercial claim before a PRC court when the court has jurisdiction and the claimant satisfies the applicable filing and identity-document requirements. Contract terms, the defendant's location, the place of performance and the location of relevant assets should be reviewed before filing.
How are court costs calculated for commercial litigation in China?
For monetary claims, the court acceptance fee is generally calculated by reference to the amount in dispute under the applicable fee schedule. Preservation, appraisal, translation, notarization, travel, expert and enforcement costs may arise separately.
Can a claimant preserve assets before judgment in China?
A party may seek property preservation when the legal conditions are met. Courts commonly require security, and timing, asset information and coordination with the competent court can materially affect the application.
What evidence should be prepared for litigation in China?
Parties should identify contracts, amendments, correspondence, payment records, corporate records, electronic data and witness evidence early. Foreign-language and overseas-originating materials may require translation or other formalities depending on the circumstances.
Does winning a case automatically result in payment?
Not always. A favorable judgment may still require enforcement. Asset location, preservation measures, the defendant's solvency and possible parallel proceedings should be considered when the case strategy is designed.
Confidential inquiry
Assess the forum, evidence and recovery path before the dispute narrows the options.
Start a confidential conversationThis guide provides general information only. It does not constitute legal advice or create an attorney-client relationship.