During the operation of an enterprise, sales contracts, cooperation contracts, equity agreements, and partnership agreements are the core operational basis. Once issues such as breach of contract, fraud, refusal to perform contractual obligations, contract termination, and payment default arise, they will directly result in economic losses and operational stagnation for the enterprise. Commercial cases are complex in nature, with high evidentiary requirements and extreme professionalism, making it difficult for ordinary enterprises to defend their rights on their own. Beijing Henglu Law Firm specializes in commercial legal services in Beijing and focuses on resolving various types of commercial disputes for enterprises.
\nCore service scopeComercial disputes such as sales contract disputes, service contract disputes, breach of cooperation agreements, franchise contract disputes, contract termination and damages recovery, application of the penalty for deposits, protection against contract fraud, disputes over equity transfer, disputes over equity agency, disputes over corporate shareholders' investment, partnership agreement disputes, liquidation of partnership enterprises, commercial arbitration, commercial litigation, corporate lending disputes, commercial defamation and unfair competition, recovery of commercial debts, and determination of the validity of contracts, among others.
Case-handling advantages: Proficient in various commercial contract laws and regulations and business transaction practices, skilled in sorting out complex commercial transaction evidence, and accurately defining breach of contract liability and scope of losses; for enterprise cooperation breaches, franchise fraud, equity disputes, and partnership dissolution disputes, we use litigation, arbitration, and mediation to quickly stop losses, recover damages, and confirm equity rights; for fraudulent contracts, contract fraud, and malicious breach of contract behaviors, we do our best to recover breach of contract penalties and compensation for enterprises, and safeguard their business rights and market reputation.
We can provide startups, small and medium-sized enterprises, and individual businesses in Beijing with a full range of services, including responding to commercial disputes, protecting their rights, arbitration, contract review, and commercial risk prediction, to efficiently resolve commercial disputes in their business operations.
Our case-handling process
Preliminary consultation and assessment of the caseThe party concerned submits a case introduction and evidence materials, and the lawyer understands the facts of the case, conducts a preliminary analysis of the case's development, legal risks, and available legal protection options.
Interview communication and signing of the contractOffline/online meeting to further review the case, inform the client of the case risks, scope of services, and fee structure; upon reaching an agreement, the client signs the power of attorney document.
\nEvidence review and material organizationGuiding the client to collect additional evidence, the lawyer organizes all the evidence materials, sorts out the evidence chain, and drafts legal documents such as the complaint, application, and defense opinion.
Filing a case / Applying to initiate legal proceedingsSubmit the filing materials to the corresponding Beijing courts, arbitration commissions, and administrative authorities, and complete the procedures such as filing, preservation, requesting a meeting, and appealing for review.
Follow up and communicate with the client throughout the entire process of the caseFollow up on the progress of the case, receive documents from the judicial authorities, regularly update the parties on the progress of the case, and participate in mediation and negotiation discussions.
Court hearing / hearing agentAttorneys attend court hearings, cross-examinations, and debates, fully present their clients' arguments, and safeguard their clients' legitimate rights and interests.
Receiving and subsequent handling of judicial documentsAfter receiving the judgment or arbitral award, interpret the adjudication result; and based on the situation, provide suggestions for subsequent solutions such as appealing or applying for enforcement.
This business special reminderFor commercial cases, the court will first review the contractual provisions. If there are arbitration clauses, the parties need to apply for arbitration to the arbitration institution instead of directly suing in court.
Common Questions FAQ
Q1: If the contract is invalid, can I still get my money back?
A: After the contract is deemed invalid, the property already obtained shall be returned; if it cannot be returned, the party at fault shall also bear the corresponding compensation liability through a compensation in kind.
Q2: If I'm cheated during the franchise process, can I sue to terminate the franchise contract in Beijing?
A: In the case of franchise disputes, if the brand violates the obligation to disclose information or engages in fraud, and meets the statutory conditions, the franchisee can sue to request the termination of the contract and a refund.
Q3: Is the equity transfer agreement valid?
A: Subject to the condition that it does not violate the mandatory provisions of the law, the agency holding agreement is valid between the signing parties; however, it may not necessarily be directly enforceable against the company or external third parties. The Beijing Court will make a judgment based on the evidence.
Q4: What are the differences between commercial arbitration and court litigation?
A: Arbitration is handled by private institutions, and the arbitral award is final and binding; litigation is handled by courts, and appeals are allowed; to choose arbitration, the arbitration clause must be explicitly stipulated in the contract.
Q5: What should I do if we can't reach an agreement when splitting up after running a business together?
A: You can file a lawsuit for a dispute over the partnership agreement, apply for liquidation, and divide the partnership assets.