Trade Dispute Resolution: A “Legal Shield” After Disputes Occur

Service Objective: When supplier breaches the contract (e.g., non-delivery, substandard quality), carrier claims (e.g., unclear liability for damage), or customs disputes (e.g., detention and fines), we help clients efficiently protect their rights and recover losses through negotiation, arbitration, or litigation. Key Content:

Pre-Dispute Assessment: Analyze the nature of the dispute (breach of contract, tort, administrative violation), the sufficiency of evidence (e.g., contract, communication records, test reports), and potential liable parties (suppliers, freight forwarders, customs), and formulate a tiered strategy of “settlement/mediation/arbitration/litigation”;

Non-Litigation Resolution: Prioritize urging the other party to fulfill their obligations through lawyer’s letters and negotiations (e.g., replenishment, refund), or reaching a compromise (e.g., accepting defective goods at a reduced price); if international transactions are involved, coordinate mediation with the International Chamber of Commerce (ICC) or the China Council for the Promotion of International Trade (CCPIT);

Arbitration and Litigation: If negotiations fail, represent clients in arbitration or litigation based on the dispute resolution clauses stipulated in the contract (usually the China International Economic and Trade Arbitration Commission (CIETAC), the Shanghai International Arbitration Center (SHIAC), or Chinese courts), focusing on:

Contract Disputes: Claiming that the supplier bears liability for breach of contract (e.g., continued performance, compensation for goods and expected profit loss);

Transportation Disputes: Demanding compensation from the carrier for cargo damage (based on the bill of lading terms or the Maritime Law); Customs Disputes: Represent clients in administrative review or litigation to overturn unreasonable detention or penalty decisions; Cross-border Enforcement: If the award/judgment is located overseas (e.g., the supplier is a foreign company), assist clients in applying for enforcement in China or overseas based on the New York Convention (international arbitration award) or bilateral judicial assistance treaties.

Applicable Scenarios: When the supplier is in serious breach of contract, the amount of cargo damage is large (exceeding US$100,000), or customs penalties affect the clearance of goods.