Beijing-based practice
A contract dispute usually requires a sequential review of whether a contract was formed and became effective, how each party performed, the relationship between breach and loss, the conditions for termination, the scope of liability, and any jurisdiction or arbitration clause. The contract text alone is often insufficient to determine responsibility.
Threshold questions
- There is a contract, order, reconciliation statement, correspondence or another basis for the transaction.
- The dispute may concern performance, payment, termination, liability for breach or loss.
- The procedural route is affected by jurisdiction, any arbitration clause and the available evidence.
Common matters
- A dispute over contract formation, validity, the order of performance or payment conditions
- A claim for termination, continued performance, restitution or damages
- A need to assess jurisdiction, arbitration, limitation periods or asset preservation after a dispute arises
Typical process
- Reconstruct the chronology of contract formation, amendment and performance.
- Identify the principal obligations, their order of performance and any available defences.
- Define the intended remedy, such as continued performance, termination, restitution or damages.
- Review the dispute-resolution clause and assess whether asset preservation is necessary.
Documents to prepare
- Contracts, supplemental agreements, orders and reconciliation documents
- Payment, delivery, acceptance and demand records
- Emails, WeChat messages, meeting minutes and other communications
- A calculation of loss and evidence linking it to the alleged breach
Boundaries and risks
- The name given to a contract does not determine the legal relationship; the parties' actual rights and obligations remain decisive.
- The content and proof of service of termination, demand and claim notices may directly affect the relief available.
- Contractual liability, loss and the duty to mitigate require separate proof.
- The Beijing location label does not replace a jurisdictional analysis. Contract terms, place of performance and the defendant's domicile must still be examined separately.
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.
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