Litigation Readiness in China: What Lawyers, Business Need to Know - Control Risks

China Law Podcast

The pandemic's impact on contracts and relationships between Chinese and foreign parties will be felt in the coming months and years as disputes slowly but surely develop into litigation and arbitration. Jessica Pyman and Mavis Tan discuss what lawyers and businesses need to know to prepare for litigation in China; conducting counterparty and fit to sue assessments on business partners; as well as the key information and analyses needed to inform litigation strategy.

Jessica Pyman is Asia Pacific head of business intelligence at Control Risks, a risk consultancy. Mavis Tan leads the consultancy's forensics practice for Greater China and North Asia.

Find our China Questions article analyzing the key issues discussed here.

Episode Outline

• 03:46 Impact of the pandemic on China disputes
• 05:30 Assessing political networks and modus operandi through counterparty assessment
• 07:55 Information-gathering via litigation history, digital records
• 10:09 Assessing financial standing and creditor base through fit to sue assessment
• 13:54 Asset valuation strategies and litigation strategy
• 16:52 Discovery of evidence, multijurisdictional litigation opportunities
• 21:05 Forum shopping and data processing

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