Corporations operating in China face ever increasing threats of litigation and related business disputes. Competitors, customers, shareholders, regulators and even employees pose risks ranging from law suits to contract enforcement and more. When these kinds of disputes flare up, speed, discipline and clear-eyed professionalism become the essential ingredients for effective resolution.
Companies today may encounter disputes in many areas, but five categories of disputes are especially complex: business interruption insurance, buy-sell disputes, joint venture disputes, construction disputes and intellectual property disputes. Each of these brings with it a host of technical issues that require involvement by specialised counsel and experts.
But the challenges go beyond complexity: disputes can become emotional roller coasters, too. This combination of complexity and passion can lead to high drama that may cloud decision making and effective action. That’s one reason companies engage balanced teams of advisors for dispute management. Legal experts. Damage quantification experts. Forensic investigators. Expert witnesses. Economists. Whoever and whatever it takes to make the case - that’s what your team should bring to the table. By engaging a diverse group of professionals, you can be more confident that every angle is being covered and minimise the hazards of “group think”.
Expert management of disputes requires experience in areas as diverse as tax, information technology, insolvency, corporate finance, mergers and acquisitions, compensation, accounting and auditing, computer forensics and corporate governance. Other specialised capabilities include:
In the pressure-cooker environment surrounding high-stakes disputes, it’s easy to start believing your own press. But if you get too caught up in winning, you may find yourself pushing for all-or-nothing solutions that can increase risks. Especially when people driving the process are entrenched with personal agendas that might conflict with the corporate goals.
Sometimes disputes are not about winning or losing at all. Sometimes they’re about settling to minimise risk and damage. And sometimes they’re simply about avoiding protracted litigation that can distract your leadership team from staying focused on the business. To balance all these potential conflicts, the first thing you’ll need is a clear view of the truth.
Getting that view requires the right investigative and analytical tools in the hands of experienced advisors who won’t sugarcoat the facts. So when you finally come face to face with the big questions, you’ll have complete confidence in the answers.