| Abstract | This thesis was undertaken to evaluate the avenues that US firms have at their disposal when seeking to manage commercial contract disputes with Chinese companies. As the level of trade between these two nations continues to rise, there is an increasing amount of capital at risk, and it is imperative that US firms have a reliable means of recovering damages from their Chinese counterparts. The goal of this project was to provide a holistic view of the options available, and to arrive at a recommendation that provides value to both attorneys and businesspeople. Relevant case law, national law, treaties, and law reviews were analyzed to determine the most effective means of resolving disputes. Ultimately, the study found arbitration to be the most attractive avenue, though pursuing litigation in China can also be effective in some cases. |
