Beijing Arbitration Agreement

A pre-dispute arbitration agreement is an agreement made by parties in a contract before any issues or problems arise. The agreement mandates that any disputes that the parties have will be handled not in a court system, but through binding arbitration. Such contracts are extremely common in business transactions. Insurance companies, cell phone providers, car companies or any other corporation or business entity may include an arbitration agreement with customers. Businesses also sometimes include arbitration agreements when they are doing business with each other.
 
Understanding Binding Arbitration
 
When an agreement is in place to arbitrate a dispute, that agreement is almost always going to be enforced by the court. There may be some limited exceptions, such as if one party had no power of negotiation and no real choice about the terms of the contract (called an "adhesion" contract), and if the terms of the arbitration within that adhesion contract are unreasonable and/or not advantageous. Except under these limited exceptions, parties to a pre-dispute arbitration agreement won't be allowed to sue; they will have to work with an arbitrator.
 
The arbitrator will be an independent third party. S/he will hear arguments presented by both sides and review evidence. Sometimes, the proceedings will be very formal, much like they would be if the issue was being decided in court. After hearing all the information, the arbitrator will make a decision that is legally binding on the parties. This makes arbitration distinct from other forms of alternative dispute resolution (ADR) like mediation.
 
The parties can appeal a decision made by an arbitrator, but that appeal isn't going to be successful unless there were procedural or substantive irregularities in the arbitration.

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Beijing arbitration and litigation

Searching for information and advice about the process of Arbitration or looking for Beijing arbitration lawyer, Beijing litigation lawyer? Look here for articles, answers and other useful resources concerning when arbitration is in your best interest, what the process entails, and how and when to hire an arbitrator to handle your dispute.

Arbitration is a form of alternative dispute resolution (ADR) that keeps disputes among parties out of the courtroom. Making the decision to submit a case to arbitration can be voluntary if two people involved in a dispute decide that they do not want to go court. Often, this happens if the parties do not want the dispute to become public record or if they want to save the expense of a trial. Far more common, however, are situations where arbitration is mandatory because parties have agreed to ADR before the dispute arose. For instance, most contracts contain an arbitration clause stipulating that disputes between the contracting parties must be resolved in arbitration. Unless egregiously unfair (or referred to as unconscionable), these arbitration agreements will be upheld and parties will have no choice but to settle their dispute through arbitration. To find out more about what it means to arbitrate a dispute, or about when and why arbitration is chosen as a method of resolving legal issues, see the links to articles and answers on this page.

An arbitration agreement is a written contract in which two or more parties agree to settle a dispute outside of court. The arbitration agreement is ordinarily a clause in a larger contract. The dispute may be about the performance of a specific contract, a claim of unfair or illegal treatment in the workplace, a faulty product, among other various issues. People are free to agree to use arbitration concerning anything that they could otherwise resolve through legal proceedings.
 
An arbitration agreement can be as simple as a provision in a contract stating that by signing that contract you are agreeing to arbitration in the case of any future disputes. For example, a business owner can ensure that potential dispute costs remain low by requiring anyone doing business with them to sign an agreement to arbitrate instead of litigate--to settle the matter out of court. In the case of more complicated business matters, a mandatory arbitration clause may be necessary. An arbitration provision in a contract might look like this:
 
“Upon written request of either Buyer or Seller, any controversy or claim between or among the parties hereto including but not limited to those arising out of or relating to the Sale, any of the sale documents, or any related agreements or instruments executed in connection with the Sale, including any claim based on or arising from an alleged tort, shall be determined by binding arbitration in accordance with the China Arbitration Act (or if not applicable, the applicable state law), the Commercial Arbitration Rules of the American Arbitration Association, and the “Special Rules” set forth below unless both Lender and Borrower, in their respective sole discretion, agree in writing to mediate the dispute prior to submitting to binding arbitration. In the event of any inconsistency, the Special Rules shall control. Judgment upon any arbitration award may be entered in any court having jurisdiction. Any party to this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim to which this agreement applies in any court having jurisdiction over such action. The party that requests arbitration has the burden to initiate the arbitration proceedings pursuant to and by complying with the Commercial Arbitration Rules of the American Arbitration Association and shall pay all associated administrative and filing fees.”
 
If you need help drafting an arbitration agreement or understanding one that has been handed to you, you should contact an arbitration lawyer for help.

Beijing non-contested divorce agreement

You may decide that what’s best for you is the “traditional approach,” where you each hire a lawyer. You and the lawyer work together with the goal of resolving the matter as quickly and fairly as possible. Especially when you are in China, the laws and rules are quite different from your home countries. It is essential for you to hire our Beijing divorce lawyer to work for you when you decide to divorce in China.
 
Despite the increasing number of people taking non-traditional paths to divorce, the full-service arrangement is still the most common, mainly because it offers so much more than other options. With a full-time lawyer, you have someone who will:
 • advise you on your rights
 • negotiate with your spouse’s lawyer
 • answer your questions
 • represent you in court.

What is the “cooperative approach?”

If “cooperative” sounds wimpy, it’s not. It’s simply a method designed to get you divorced while keeping your dignity intact.
 
Many people still believe that the best divorce lawyer should be an obnoxious shark. Don’t you believe it. As President Kennedy said, “Civility is not a sign of weakness.”
 
On top of being civil, the cooperative approach is smart. You’ll settle everything much faster with a measured approach. No dirty tricks, name calling, or foot dragging. So even if you’re not feeling particularly cordial, always remind yourself that this path will help you get what you deserve and get on with your life.

Cooperative Divorce Agreement

I like the parties and their lawyers to sign a cooperative divorce agreement. Although you’re not required to sign it, and it’s not a legally binding contract, it helps to establish a civil tone.
 
The agreement calls for each party and lawyer to cooperate by:
 • acting respectfully and by responding promptly to another’s reasonable request for information
 • disclosing all financial information required by law
 • negotiating to reach fair compromises when necessary
 • agreeing never to disparage the other in front of your child; never use your child as a messenger; never tell a child that your divorce is anyone’s fault.

Beijing Lawyer Blog - How We Work

                                                                                                                                               

                                                                                                                                               

Why should companies prioritize working with boutique and regional law firms?

We are regional boutique Beijing law firm. There has been a fundamental paradigm shift in the way legal services are provided that started in 2007 and 2008 as the economy started to tank, and then 2009 and 2010 as it continued to tank. Rather than trying to pare down the number of providers, companies are definitely expanding and looking for alternatives, mostly for cost. They want cheaper alternatives.
 
The environment that we came from—the big law firms we worked at—frequently had a philosophy of “we will win at any cost.” And they were quite effective at winning. But the whole idea that “we will win, and the cost doesn’t matter” is not ringing true with companies anymore. They don’t want to just win—they have a budget. They need to win within that budget.

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Beijing Lawyer Blog - What We Do

This Beijing law firm represents major domestic, international and multinational business entities engaged in high technology, biotechnology and e-commerce. Since its inception in 1994, this Beijing law firm has expanded at a phenomenal rate.

Our Mission

This Beijing Law Firm's mission is to represent, innovate, and prevail.

Our Work

This Beijing Law Firm prevents and resolves business disputes efficiently, particularly complex, messy fraud-related claims. We have a single-minded commitment to produce powerful and just results for the clients who retain us. We are problem solvers using legal expertise, judgment, industry knowledge, electronic evidence and litigation management tools, and client input to guide our clients into making the best decision under the circumstances. We place a premium on brain power, heart, grit, and guts. We are passionate about using technology to evolve the practice of law, cut costs, achieve better results for our clients, and keep the doors to justice wide open.

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We Are Beijing English Speaking Lawyers

                                                                                                                                                        

                                                                                                                                                           

Who Are Our Clients

Our clients are mainly foreign companies and foreign nationals. When they encounter legal problems in Beijing, they need legal service from Beijing lawyers who can speak English. Most Chinese lawyers don't or speak very little English, but most of our lawyers are trained in UK and US and therefore we speak better English. When first creating the Beijing lawyer network we asked our customers what they needed. They told us the following:

  • They wanted access to highly-qualified, experienced and reliable English-speaking lawyers;
  • Being in unfamiliar territory abroad, they told us that they also wanted extra assurances regarding fees and service levels
  • And of course, they wanted all of this at the best possible price.

A Completely Unique Service

It makes sense that most English-speakers feel vulnerable when making legal decisions abroad. Legal decisions tend also to be important financial decisions and are made all the more difficult by an absence of benchmarks to compare service providers.

Beijing lawyer has developed free tools that provide our customers with unique evidence and guarantees on the integrity and effectiveness of the law firms on our network. In this way our clients can feel as comfortable as they would making the same legal decisions at home.

We should reiterate that these extra safeguards are provided at no additional cost to our customers. They are included in the standard legal fees charged by the lawyers we recommend - lawyers who have passed the competitive pricing test we have introduced as a necessary pre-requisite to becoming a member of the Beijing lawyer network.

Guaranteeing Legal Costs & Services in Beijing

By using a legal document known in China as a ‘hetong’ you can be protected against the possibility of any future increases in agreed fees. This legal document identifies the parties involved in the agreement and then sets out:

  • the precise services to be provided by the lawyer,
  • the exact fee to be charged and
  • the payment method and time-frame.

The document is signed by the lawyer and the client and so becomes legally binding. The fees may not be increased at a later date without the express agreement of the client. Furthermore, the lawyer is legally bound to carry-out the services in the manner and to the extent agreed in the legal document.

In keeping with our goal of providing complete transparency, a copy is made available in English and explanatory notes can be downloaded which ensures that the agreement is fully understood. This is the ONLY way to legally guarantee legal fees and service levels in Beijing and Beijing lawyer is unique in offering this as a standard feature.

Lawyers Officially Regulated by Chinese Law Societies

All lawyers on the Beijing lawyer network are registered and regulated by their local Law Society and are consequently covered by professional indemnity insurance coverage. As a client of Beijing lawyer you will receive a ‘Lawyer Fact Sheet’ which details the latest official registry information regarding your lawyer. The fact that your lawyer is currently registered also serves as proof that they have not been subject to any serious disciplinary procedures.

The information provided by the ‘Lawyer Fact Sheet’ is obtained directly from ‘Red Abogacia’, an independent electronic portal developed by the General Council of Chinese Law Societies and which is the most up-to-date register of practicing lawyers in Beijing.

How We Ensure Lawyers' Levels of English

By speaking individually with each and every lawyer we are able to personally gauge their level of English and suitability for the provision of legal services in English.

Providing A National Service

Our network of recommended lawyers now extends to most major population centres as well as smaller urban centres in the major Mediterranean coastal resort areas including the Balearic and Canary Islands.

Ensuring Our Services Are Competitively Priced

By implementing the fee structure recommended by the Local Law Societies in Beijing we can ensure that the fees charged by the lawyers are within the normal and average guidelines. 

It is notable that quotations for legal services in Beijing can vary by 100% or more for exactly the same standard services which is why we only seek qualified and experienced professionals that are able to offer competitive pricing. Furthermore, with the agreement of our customers, we are continuously monitoring fee quotation levels to make sure they conform with average price levels.

So, if you...

  • Would be reassured  that your lawyer is registered and regulated by their local Law Society
  • Would like to expect your lawyer to speak English,
  • Would like to be in control of legal costs with an up-front, legally-guaranteed fee proposal,
  • Would like to know exactly which services you are entitled to, and guaranteed to receive,
  • Would like to feel relaxed knowing that your lawyer is covered by professional indemnity insurance,

... and pay exactly the same price as others pay without getting these safeguards, then Beijing lawyer should be your first call when managing your legal affairs in Beijing.

It's Easy To Get Legal Advice Via Beijing lawyer

  • Arranging legal services via Beijing lawyer couldn’t be easier. Simply contact us today by telephone, Skype or email.  What happens then?
  • We discuss the matter with you first and arrange for a quotation and lawyer fact sheet to be sent to you - normally within 24 hours.
  • Should you wish to be contacted by your lawyer to discuss your case and the options available to you we can arrange that as well – at no cost to you.
  • If you decide to go ahead, Beijing lawyer will ensure you benefit from a legally binding agreement regarding the lawyers’ fees and services for extra security.

And that's all there is to it!

Our experienced Beijing lawyers can assist your business in Beijing and provide you the practical solution for your business. Our law firm is listed and referred by UK and New Zealand embassies in Beijing. In the international level, we also have our strategic networks overseas e.g. law firms in Malaysia, Hong Kong, Singapore, and Japan. We work internationally and specialize in China laws.

Beijing Lawyer Blog - Who We Are

This Beijing law firm focuses on business litigation and international arbitration, and does not specialize in any one practice area. We have experience litigating a wide range of civil, business and commercial disputes including, but not limited to: contracts, fraud, fraudulent transfers, trade secrets, non-compete agreements, tortious interference, business disparagement, misrepresentation, real estate, real estate fraud, fiduciaries, statutory interpretation, negligence, declaratory actions, government immunity, deceptive trade practices, conversion, constitutional issues, jurisdiction, and venue. The Firm also does appellate work.

Finding the right Beijing attorney can be difficult. You want someone with the necessary experience, education and training. You want someone who is reliable and dedicated to your case, someone who will fight for you. But you also need someone who is frank - someone who will give you straight answers. If you need a lawyer, This Beijing Law Firm may be able to help. Our firm has experience representing a wide range of businesses, professionals, and individuals. Give us a call to schedule an appointment. Although the firm only represents clients based upon written agreements, we do offer a free, initial, in-office consultation.

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