Zaiwalla & Co was one of the
first western law firms to open
an office in China
We maintained a presence in Beijing for eight years. We have acted for Chinese clients for thirty years, in maritime, construction, international trade and energy disputes, and we acted for Chinese state-owned companies in their London and ICC arbitrations.
We are a City of London firm practising the law of England and Wales, and we run China-related disputes from our offices in Holborn with Mandarin language support and local counsel in the People’s Republic and Hong Kong. Sarosh Zaiwalla has acted in over 1,200 international arbitrations and sat on the International Court of Arbitration of the ICC in Paris for 12 years, and our arbitration team acts in any seat and before any tribunal.
How was our China
practice built?
We opened in Beijing when almost no western firm had a Chinese office and kept the office for eight years. One of our lawyers accompanied Michael Heseltine, then Deputy Prime Minister and President of the Board of Trade, on two ministerial visits to China.
Members of our team were part of the official delegation accompanying the Lord Mayor of London on his visit to Beijing, Shenzhen, Foshan and Shanghai in September 2010. Thirty years of acting for Chinese clients through a period of rapid growth has given us a working understanding of the Chinese economy and legal process, and of how to run a dispute across two languages, two legal systems and an eight hour time difference without duplicating cost.
Our expertise
We act for Chinese corporates, state-owned enterprises, banks and individuals, and for international companies in dispute with Chinese counterparties, in the Commercial Court and in LMAA, LCIA, ICC, HKIAC, CIETAC, BAC and SHIAC arbitration, whether you are claimant or respondent. Our China work includes:
Maritime and charterparty arbitration
Maritime and charterparty arbitration, including shipbuilding contracts, cargo claims, demurrage and ship finance disputes
Marine and international trade disputes
Marine and international trade disputes, covering sale contracts, letters of credit and documentary compliance
Construction, engineering and infrastructure claims
Construction, engineering and infrastructure claims arising from Chinese contractor work overseas, including FIDIC contracts
Oil, gas and energy disputes
Oil, gas and energy disputes, including supply, service and joint venture agreements
Arbitration clause drafting
Arbitration clause drafting for China-related contracts, including seat, institution, language and governing law
Challenges to London awards
Challenges to London awards under sections 67, 68 and 69 of the Arbitration Act 1996, as amended by the Arbitration Act 2025
Recognition and enforcement of London awards
Recognition and enforcement of London awards in the People’s Republic and Hong Kong, and resisting enforcement of Chinese awards in England
Sanctions and export controls advice
Sanctions and export controls advice, including the interaction between United Kingdom, United States and Chinese measures
Freezing injunctions
Freezing injunctions, asset tracing and enforcement against assets in England and Wales
Investment treaty claims
Investment treaty claims and public international law advice for Chinese investors and state entities
Former and ongoing work
We acted for the Chinese Government in London
arbitration
Our Chinese clients have included Chinese National Petroleum Companies, China Petroleum Technology & Development Corporation, China Petroleum Engineering Construction Corporation and China Minmetals Corporation, we have 125 reported cases in the United Kingdom, a high number for a firm of our size.
Enforcement is where the record counts. Section 101(2) of the Arbitration Act 1996 provides that a New York Convention award “may, by leave of the court, be enforced in the same manner as a judgment or order of the court to the same effect”, and China acceded to the New York Convention 1958 on 22nd January 1987, with effect from 22nd April 1987, subject to reciprocity and commercial reservations. Our own reported record covers both directions of that traffic.
Chinese State Council Decree No 835, the Regulations on Countering Foreign States’ Unlawful Extraterritorial Jurisdiction, was signed on 7th April 2026 and took effect on 13th April 2026. The 20 articles create a list of entities that assist foreign measures against Chinese parties and give affected Chinese persons a right to sue in the Chinese courts. The new regulations build on the Anti-Foreign Sanctions Law of 2021 and the implementing measures made by State Council Order No 803 in March 2025, and they create a compliance conflict for companies that must observe United States or European Union measures while trading with Chinese counterparties. We are advising on contract drafting for that conflict, on sanctions clauses that survive it, and on dispute resolution clauses that put the seat somewhere enforceable against both sides.
Speak to our team
Chinese clients move matters to us from larger competitors, because we provide the quality of service expected of a City firm at considerably lower rates, across time zones and in both languages. Phone +44 20 7312 1000 or email info@zaiwalla.co.uk to make an appointment with one of our team.
Frequently asked questions
Can a Chinese court refuse your London award?
A Chinese court can refuse on the Article V grounds of the New York Convention 1958, but it must first report the proposed refusal upward.. The Chinese courts concluded 42 foreign award recognition cases in 2024 without a refusal.
Which institution should your China contract name?
Whichever gives you an enforceable award where the assets are. The China International Economic and Trade Arbitration Commission, founded in 1956, the Beijing Arbitration Commission, established on 28th September 1995, and the Shanghai International Arbitration Centre administer domestic and foreign-related disputes. The Hong Kong International Arbitration Centre is often the compromise choice, because Hong Kong awards reach mainland assets and the seat is outside the mainland.
When did China join the New York Convention?
China deposited its instrument of accession on 22nd January 1987, and the Convention entered into force for it on 22nd April 1987, subject to the reciprocity reservation and the commercial reservation. The commercial reservation limits recognition to awards arising from relationships considered commercial under Chinese law. Hong Kong and Macau are covered by separate mutual enforcement arrangements rather than by the Convention itself.
What does the anti-foreign sanctions law require?
Chinese law now gives China countermeasures against foreign measures it considers discriminatory. The Anti-Foreign Sanctions Law of 2021, the implementing measures made in March 2025 and the regulations that took effect on 13th April 2026 allow the authorities to list entities that assist foreign measures against Chinese parties, restrict their dealings and property, and give affected Chinese persons a right to sue for damages in the Chinese courts.
Can you enforce against assets in Hong Kong?
Yes. Hong Kong is a separate common law jurisdiction with its own Arbitration Ordinance and its own courts, and English style enforcement of foreign awards and judgments is well established there. A mutual arrangement also allows awards made in Hong Kong to be enforced on the mainland and vice versa. Where a Chinese group holds assets through Hong Kong entities, that is often the shortest enforcement route.
Will time zones and language slow your case?
They add cost if the case is run badly and very little if it is run properly. Documents come in Chinese and go before the English court in certified translation, witnesses give evidence through interpreters, and hearings are scheduled to work across an eight hour difference. Handling translation, evidence gathering and instructions in one team rather than across two firms is what keeps the cost down.
What is your next step?
Send us the contract, the arbitration clause and the correspondence, with a note of where your counterparty holds assets, by email to info@zaiwalla.co.uk or by telephone on +44 20 7312 1000. We will tell you which seat and institution govern the dispute and how an award can be enforced in China or in England.