Commercial Litigation and Arbitration

Pingyu is recognized as one of the best litigation law firms in Zhejiang. This is due to the fact that some of our litigation partners are former judges of Chinese courts and have an insightful knowledge about the Chinese judicial system. Our litigation lawyers have regularly appeared in some of the most complicated cases in various Chinese courts from the municipal level up to the Supreme Court of China.

Since Pingyu has gained solid experience in litigation, it is natural for us to develop a successful arbitration practice. We have represented many Chinese and foreign clients in arbitration tribunals and won many arbitration awards for our clients. We are very familiar with the rules and practice of such arbitration tribunals as China International and Economic Arbitration Commission (CIETAC).

When acting for foreign businesses with respect to their disputes in China, we will try to find the most effective way to resolve the disputes. Before we decide to go to court, we make sure we not only can win the case and obtain a favorable judgment, but also can enforce the judgment. Foreign companies that have litigation experience in China know that enforcing the judgment is sometimes more important than simply obtaining the judgment. At Pingyu, we will deliver what we have promised and help our clients to win their case until they smile at the end.

Intellectual Property

Protecting intellectual property rights is of great importance to foreign companies that have business operations in China. Though the Chinese government has made tremendous efforts in improving its legal framework for foreign investment and trade, infringements of intellectual property rights in China are still commonplace.

At Pingyu, we share the concerns and frustrations of foreign companies whose intellectual property rights are often infringed by Chinese copycats. We seek to vigorously protect our clients’ intellectual property, be it a copyright, a trademark, a trade secret, or a patent.

Geared to protect the interests of our international clients, we provide the following services:

• Registration of copyrights and trademarks;
• Cancellation of disputed trademarks;
• Transfer of technical know-how and trade secrets;
• Licensing agreement;
• Design and structure of protection schemes;
• Investigation of passing off and fake products;
• Launching administrative and legal actions;
• Enforcing judgments and penalty orders.

Foreign Investment( Direct Foreign Investment and Joint Ventures)

We have been acting for many large as well as small and medium-sized businesses from Europe, North America, ASEAN countries with respect to their investment and trade activities in east China. In this process we have gained the first hand knowledge and experience. We believe we understand the mentality and needs of foreign businesses. Thus whenever a foreign client comes to us for legal assistance, be it an employee dismissal, a joint venture dispute, due diligence or debt collecting, we not only give advice, but also get results.

Service for foreign businesses remains one of our major practice areas. We have targeted international small and medium sized companies as our core clients. Our service includes:

• Advice on the entry and exit strategy of foreign businesses;
• Advice on the choice of investment vehicles and investment zones;
• Due diligence of Chinese business partners, suppliers and contractors;
• Establishment of representative offices and wholly foreign owed enterprises;
• Establishment of equity joint ventures and cooperative joint ventures;
• Counseling on labor and employment issues and drafting employment rules and contracts.
• Counseling on various PRC tax issues for foreign businesses and individuals;
• Counseling on import and export rules and regulations;
• Collecting unpaid accounts.

Foreign Trade, Antidumping, Countervailing and Safeguard

In the past five years, anti-dumping investigations initiated by European Union, the United States, Turkey, India and some Latin American countries against products of Chinese origin have soared. Most of these manufacturers that are subjected to the investigations are located in Zhejiang Province, especially in the Wenzhou region.

In collaboration with our counterparts in European Union, the United States, Turkey, India, Brazil and Argentina, we have been assisted many Chinese companies to successfully fight back the dumping allegations.

Since 1997, the Chinese government has launched some anti-dumping investigations and safeguards proceedings against imports from foreign countries. Pingyu is one of the few law firms in China that have the expertise and experience in representing the clients before MOFCOM, China’s investigating authorities in antidumping cases.

Our services include:

• Advice on China trade policies and laws.
• Monitoring development of anti-dumping investigations.
• Advice on general questions and preparation throughout the whole anti-dumping investigation proceeding.
• Guiding companies to fill in investigation questionnaires.
• Preparation of injury/non-injury submissions.
• Preparation and attendance of hearings and post-hearing briefs.
• Preparation and attendance of on-spot verifications.
• Undertaking the entire oral and written defense before investigation authorities.
• Preparation of administrative and judicial reviews.
• WTO Dispute Settlement Procedure (DSU).

Banking & Finance

Pingyu has been counsel for many banks and financial institutions and maintains one of the largest finance practices in east China.

Our services include:

• Project finance;
• Import and export credit;
• Investment fund;
• Transfer of legal person shares;
• Buyback of securities and bonds;
• Introduction of potential infrastructure projects in China; Advice on the feasibility reports;
• Due diligence of potential projects;
• Participation in sites visit and negotiations;
• Filing applications and registrations;
• Obtaining approvals and permits;
• Preparation of all necessary documents.