Resolving Corporate Conflicts in China with Tim Yiming Liu

Welcome to another episode of the China Business Law Podcast! This episode features an insightful discussion with special guest Tim Yiming Liu, a partner at Global Law Office in Shanghai. We dive deep into aspects of cross-border dispute resolution and Tim’s extensive experience in the field, providing listeners with expert knowledge on navigating the complexities of legal disputes involving Chinese and foreign clients.

Introduction to Tim Yiming Liu

Send Tim an Email: timliu@glo.com.cn

Tim Yiming Liu is a seasoned partner at Global Law Office in Shanghai, specializing in China domestic and cross-border dispute resolution. His clients include high-profile companies such as ByteDance, Goldman Sachs, Nomura, SoftBank, Lenovo, Nestle, and Amazon, to name a few. With a professional background that spans over two decades, Tim’s expertise lies in resolving disputes from corporate governance, shareholder rights, and complex M&A transactions to liquidation and bankruptcy issues.

Tim’s Journey in Dispute Resolution

Tim began his career as a transactional lawyer, engaging in M&A, private equity, and venture capital deals. With changes in the global business landscape, Tim transitioned into dispute resolution, leveraging his cross-border qualifications and his sharp acumen in business law. As someone fluent in both English and Chinese, he adeptly manages Chinese and international client perspectives, offering a unique dual representation advantage in arbitration and litigation.

The Landscape of Cross-Border Legal Disputes

During the podcast, Art and Tim explore various challenges that arise during cross-border legal disputes. Common cases Tim handles include corporate and commercial disputes, shareholder disagreements, and M&A conflicts. Art delves into how foreign enterprises face litigation challenges in China and how Chinese firms confront unique obstacles in international jurisdictions, highlighting issues such as service of process, discovery, and interim measures.

Challenges with Discovery and Data Security

Art and Tim explore the discovery process, a crucial yet complex element of cross-border litigation. Chinese companies often struggle with discovery requirements in foreign jurisdictions due to unfamiliarity and cultural differences in legal procedures. The protection of sensitive business data, constrained by China’s stringent cybersecurity and data security laws, often complicates evidence submission in cross-border disputes.

Insights on Attorney-Client Privilege

The concept of attorney-client privilege differs notably between jurisdictions like China and the U.S. While U.S. law offers robust protections, Chinese law does not formally recognize such privileges, compelling Chinese firms to adapt by involving U.S. counsel in applicable scenarios to benefit from this protection in cross-border disputes.

Strategies for Dispute Resolution and Settlement

Tim emphasizes the importance of strategic decision-making in dispute resolution, particularly concerning jurisdiction and enforceability. Chinese courts, especially in metropolitan areas, are adept at handling complex commercial disputes impartially, offering a compelling venue for legal proceedings, depending on asset location and enforceability concerns.

Calculating the Cost and Strategy of Settlements

An integral part of Tim’s litigation strategy involves continuous assessment of settlement options throughout the legal process. Factors such as litigation cost, potential outcomes, and the overarching business relationship often guide the decision to pursue settlement negotiations, balancing cost efficiency with optimal resolution outcomes.

Conclusion

This episode offers a treasure trove of insights for legal professionals and businesses alike, emphasizing the nuanced landscape of cross-border legal disputes. Tim’s expertise and strategic approach shine a light on the critical considerations for navigating international legal waters effectively.

Timestamps

00:00  Introduction and Guest Introduction

01:03  Tim Yiming Liu's Professional Journey

03:25  Common Cases and Disputes

06:45  Challenges in Cross-Border Disputes

10:00  Discovery and Data Compliance

20:20  Attorney-Client Privilege and Legal Strategies

22:26  Litigation and Arbitration Strategies

29:08  Settlement Considerations

34:08  Conclusion and Contact Information

Producer

Jacob Thomas

Follow Us

LinkedIn

Apple Podcasts