Services | Investment & business

Foreign investment and business legal advisory in China

Understand the Chinese contract, the Chinese counterparty and the enforcement reality before committing capital.

Before you commit capital or sign a Chinese contract

Most cross-border problems are created before any dispute exists: a contract that reads differently in Chinese than in the English version, a counterparty that does not own what it says it owns, or a payment term that is difficult to enforce. The work below is preventive as much as it is remedial.

Chinese counterparty checks

Review of public registration information, shareholding, litigation and enforcement records, and the identity of the entity that will actually sign the contract.

Contract review and drafting support

Review of bilingual and Chinese-language contracts, with attention to the governing-language clause, payment terms, delivery acceptance, liability limits and dispute-resolution clause.

Investment and cooperation structures

Legal explanation of the documents used in equity investment, joint cooperation and shareholder arrangements under PRC law, and the approvals or registrations a transaction may involve.

Unpaid invoices and debt recovery

Assessment of the evidence, a formal demand, negotiation, preservation of assets where available, and civil litigation or enforcement if payment is not made.

Typical questions I am asked

Which language version of the contract governs?
I check the governing-language clause and compare the Chinese and English texts clause by clause. Where the Chinese version governs, that is the text a PRC court will read.
Is the company I am dealing with the right entity?
A Chinese business name, its registered entity and the name on a bank account are often not the same. Verification before payment is usually far cheaper than a dispute afterwards.
Can a foreign company sue in a Chinese court?
Foreign individuals and companies may bring civil proceedings in PRC courts, subject to jurisdiction and procedural requirements. Representation is handled by PRC-qualified counsel.
What if the other party has no assets?
Enforcement is a practical question, not only a legal one. I assess available preservation measures and the realistic prospects of recovery before recommending litigation.

Documents that help at the first stage

  • The signed contract (all language versions) and any amendments, orders or purchase confirmations
  • Payment records, invoices, delivery or acceptance documents
  • The full registered name and unified social credit code of the Chinese counterparty
  • A chronological written summary of the dealings and the correspondence exchanged
  • Any demand letters already sent, and the response received
Please do not send confidential originals first

For a first enquiry, a short summary and redacted copies are enough. Detailed documents are requested after the engagement is confirmed.

Ask about a Chinese contract or counterparty

Send a short description of the transaction or the unpaid debt, together with the registered name of the Chinese party if you have it.