Dispute resolution is a core practice area of Chance Bridge, and our team of litigation and arbitration specialists excel in terms of both domestic and cross-border dispute resolution matters. Moreover, our litigation team has developed exceptional capabilities in key categories of complex litigation in connection with sophisticated transactions, where the firm has achieved a leading position in the market. For cross-border disputes, our litigation team is able to provide full services in English and other foreign languages and can draw upon our global network of partner law firms around the world to provide related support at all stages of the litigation and arbitration process.
Our dispute resolution team has outstanding expertise in the field of securities litigation and with wealth of related practical experience. We have represented issuers, underwriters, investment banks, private equity funds and other securities service organizations in providing extensive professional advice and litigation representation services on issues such as fraudulent issuance, misrepresentation, insider trading, industry regulation, and professional liability in the securities industry.
We provide legal advisory and litigation representation services in respect of, among other things, shareholders’ real-name or dormant capital contributions, disputes over equity interests and shareholders’ identity, shareholders’ protections and derivative litigation, and in respect of corporate governance structures.
Business and Contractual Disputes
We provide professional services in connection with disputes relating to a wide range of commercial agreements, including involving sales and procurement of goods and services, joint ventures, partnerships, joint projects, investment transactions, sales agency and distribution, etc.
Pur team provides a wide range of services for construction disputes, such as equipment procurement and installation, design, supervision contracts, construction quality, project delays, and project payment settlement issues.
Banking and Finance
Our lawyers, drawing on our extensive experiences in the banking and finance sectors, have helped numerous foreign and domestic banks and financial institutions resolve complex legal disputes, including in respect of real estate mortgage loans, asset-backed loans, unsecured loans, leveraged loans, syndicated loans, and equipment financing and leasing, factoring and wealth management products, entrusted loans for private equity funds and trust companies, pledge-related repurchase of equity securities, transfer of income rights of equity securities, private lending, etc.
Foreign-related Litigation and Arbitration
We have a team of professionals who have studied or worked in leading developed countries such as the United Kingdom, the United States, France and Germany. Our lawyers are able to directly provide dispute resolution services in international business languages such as English and French. We have represented numerous multinational corporations, foreign banks, offshore financial institutions and other business entities in litigation and arbitration arising from their commercial activities in the PRC and achieved outstanding performance reviews from clients.
Disposal of Distressed Assets
Our lawyers have experienced the entire development of the distressed asset industry in the PRC, and have played an active role in both the policy divestiture and commercial disposal of distressed debt. We have provided professional services to numerous commercial banks, asset management companies and professional investors on various stages of the pre-stage due diligence, selection of disposal methods, valuation and pricing of the asset package, business negotiation, auction, closing, subsequent disposal of the distressed assets, etc.
Bankruptcy and Reorganization
In the areas of bankruptcy and restructuring, we are able to provide the full range of related services to clients, including bankruptcy and liquidation risk analysis, corporate trusteeship, bankruptcy liquidation petition, performance of duties as an administrator, announcement and notice, day-to-day management, examination of claims and debts, property recovery, staff placement and property disposal, and other matters related to bankruptcy liquidation.
With our rich experience in the field of labor disputes, we provide clients with labor dispute services, including but not limited to: acting as the agent of labor arbitration and labor litigation; resolving labor disputes by means of consultation, mediation and negotiation; recovering labor remuneration; drafting, reviewing and revising labor contracts and non-competition agreements and confidentiality agreements; improving internal rules and regulations of the enterprises; assisting employers in fulfilling their labor legal obligations; assisting employers in establishing and improving employees’ files; assisting employers in establishing a coordination mechanism between employers and employees; labor law training; and other labor legal affairs.
Intellectual Property Litigation
We provide professional legal services for clients in the areas of administrative procedures and litigation involving intellectual property rights, such as trademark rights, copyrights, patents, trade secrets and unfair competition.
Dispute Resolution-Overview of Related Legal Services
For all litigation matters undertaken by our team, we provide the full range of related services as required in each particular case in accordance with the instructions of the client, as further described below:
Preliminary Analysis and Evaluation of the Case
Prior to the commencement of the proceedings, our lawyers will conduct a legal analysis and assessment of the client's proposed case, and provide written reports and recommendations for the client's reference, so that the client may make a decision on whether and how to initiate the proceedings.
Drafting of Documents
Our team collects and sorts out evidence of the case in order to develop a comprehensive understanding of the facts of the case, and on this basis, will draft the pleadings, evidence list, preservation application, letter of authorization, and other litigation documents.
Taking Preservation Measures
With respect to any case in which it is difficult to enforce the judgment on the case or other damages may be caused to the client due to the conduct of the opposite party to the litigation or any other reason, we will file an application with the court according to the instructions of the client and request the court to make a ruling to take preservation measures such as sealing up, distraining or freezing the property of the opposite party to the litigation, order the opposite party to the litigation to conduct certain acts or prohibit such acts, so as to ensure the smooth enforcement of the judgment after it becomes effective in the future.
Participation in Court Hearings
We will represent the client in court to state the facts and arguments of the case, adduce evidence and conduct cross-examination; admit, change or waive claims on behalf of the client; apply for forensic expertise or witness to testify in court; present arguments; refute the counterparty's arguments; mediate under the auspices of the court or reach a settlement outside the court; and withdraw the claim, in each case as instructed by the client. Within two working days after the end of each court hearing, we will submit to the client a written report on the court hearing so as to enable the client to timely understand the progress of the case.
If the client has any objection to the judgment of the first instance, we will, on behalf of the client, appeal to the court at a higher level within the statutory period, requesting the court at a higher level to hear the case in accordance with the case facts and applicable laws and change the judgment of the first instance or remand the case for retrial by the court of the first instance.
For civil judgments that have come into effect, if so instructed by the client, we can also on behalf of the client file a request for retrial, and do our best to start the retrial proceedings.
For civil judgments that have come into effect, we will comprehensively and carefully investigate the property of the losing party for purposes of enforcement of the judgment, and provide a customized plan for the client for implementation and enforcement of the judgment. We will exhaust all means to resolve difficult problems which may arise in the context of enforcement of the judgement. In the course of execution, we often change or add the party subject to execution, or may initiate proceedings to pierce the corporate veil, to seek subrogation, or to apply to initiate bankruptcy proceedings against the other party. At the same time, we do not give up on related reconciliation efforts, and will continue to actively negotiate with the other party in an effort to reach a a final settlement which will obviate the need to pursue additional legal measures. If the person subject to enforcement refuses to perform it obligations under the reconciliation agreement, we will apply to the court for resuming the enforcement of the original judgment or institute a lawsuit with the enforcement court regarding the reconciliation agreement, requesting the person subject to enforcement to perform strictly in accordance with the terms of the reconciliation agreement. We will also closely monitor the expenditures of the person subject to enforcement, timely report the status of assets expenditures and related trends to the court, urge the court to restrict the extravagant consumption activities of the person subject to enforcement, and include the person subject to enforcement in the list of dishonest persons, adversely affecting their reputation and ability to continue normal business operations, thus forcing them to actively perform the judgment. As for the person subject to enforcement with normal production and operation activities and full solvency but refusing to perform the effective judgment, we will, by taking advantage of relevant provisions of the Criminal Law on the crime of "refusing to perform the judgment rendered by the court", apply to the public security organ for case filing, so as to induce the person subject to enforcement to perform the judgment rendered by the court in a timely manner.
Although the settlement may reduce our legal fees, our first priority is to maximize the protection of our client's legitimate interests, whether at the stage of litigation or execution stage. Accordingly, we never close the door to negotiations, never give up on our reconciliation efforts, and always strive to reach a settlement satisfactory to the client.
Consultation and Advice
During the course of providing the above services, we always keep close contact with our clients, and provide daily legal consultation and professional advice related to dispute resolution according to our clients’ needs.