Beijing-based practice
Contract, corporate and construction disputes require assessment of claims or defences, responsible parties and evidence, followed by jurisdiction or arbitration agreements, limitation and the need for asset preservation. Litigation and arbitration planning should also address asset leads, performance of the decision and subsequent enforcement.
Liu Mengyang and this service
Liu Mengyang's practice covers civil and commercial litigation and arbitration, contract, corporate and construction disputes, coordinating dispute assessment, asset preservation and enforcement. Initial assessment addresses the client's objectives, evidence and procedural stage.
- Contract disputes: assess validity, performance, payment, termination and liability, and organise claims and defences.
- Corporate disputes: assess shareholder status, corporate resolutions and transaction records to analyse rights and liability.
- Construction disputes: organise contracts, project records, final accounts and payment evidence for dispute resolution.
- Preservation and enforcement coordination: plan pre-action assessment, litigation or arbitration and subsequent enforcement by reference to assets, ability to perform and procedural progress.
Related practice
Representative matters
- Construction payments and shareholder liability
Represented a contractor in first- and second-instance proceedings. The principal claims were upheld and related shareholders were held jointly liable.
- Sale-contract settlement with mortgage security
Represented a listed company in a sale-contract dispute. The dispute concluded with a mediated settlement and additional mortgage security provided by the other party.
- Shareholder information-rights settlement
Handled a shareholder information-rights dispute. The dispute concluded with a mediated settlement addressing the client's interests as a shareholder.
Threshold questions
- The dispute is between civil parties on an equal footing and concerns property or personal relations.
- The objective may be to confirm a right, compel performance, terminate a relationship, recover property or obtain damages.
- The appropriate route is affected by the legal relationship, the parties' identities, any dispute-resolution agreement and the available evidence.
Common matters
- A preliminary assessment of contract performance, shareholder relationships or construction-payment disputes
- Pre-action assessment of the proper claimant, liable parties, competent court and limitation period
- A risk of asset dissipation requiring assessment of pre-action or in-proceeding preservation and subsequent enforcement
Typical process
- Reconstruct the chronology of the dispute, changes in rights and the parties' communications and responses.
- Identify the legal relationship, responsible parties and the specific relief sought.
- Review jurisdiction, arbitration, limitation and service requirements.
- Organise the evidence and assess how negotiation, mediation, litigation, preservation and enforcement should connect.
Documents to prepare
- Documents establishing the parties' identities and relationship
- Contracts, vouchers, registration documents and other evidence of the source of rights
- Payment, delivery, demand, communication and loss records
- Information concerning relevant dates, assets and the other party's ability to perform
Boundaries and risks
- Civil disputes cover a broad range of matters. A cause-of-action label cannot replace analysis of the specific legal relationship and basis of claim.
- The facts capable of proof may differ from a party's account and each evidential proposition should be checked separately.
- Mediation, litigation, preservation and enforcement each have procedural requirements; the desired outcome alone cannot determine the appropriate route.
- The Beijing location label does not by itself determine jurisdiction. The parties' domiciles, place of performance, location of the subject matter and any agreement must still be considered.
Primary sources
Lawyer and location information
Liu Mengyang holds a master's degree in civil procedure from Renmin University of China and is an attorney at Beijing Yunting Law Firm. His professional background includes an exchange and study experience at the Supreme People's Court and study and work at several Chinese law firms. His practice focuses on asset preservation and enforcement, civil and commercial litigation and arbitration, construction disputes, enforcement objections, reconsideration, supervision and contract disputes.
Beijing identifies the location of his law firm and the geographic focus of this topic. Jurisdiction, case acceptance and the available procedural route still depend on the nature of the dispute, the parties' domiciles, place of performance, location of the subject matter and any dispute-resolution agreement.
Discuss a specific matter →