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Chinese courts can freeze bank accounts, equity and other property before or during a case if you show a claim, urgency, and — usually — security (cash or a guarantee). A freeze is not a win. A reckless or oversized freeze can make you pay damages. Name the asset; “whatever they have” is not an application. Pre-action preservation lapses if you do not commence the claim in time (confirm the live CPL days). Arbitration-related preservation is a cousin route, not automatic because the seat is abroad. No identifiable China asset → do not buy the filing.
At a glance
| Question | Short answer |
|---|---|
| When? | When funds can move now — not after judgment. |
| Security? | Usually yes — cash or guarantee. |
| What to name? | Account, equity, cargo — not “all assets.” |
| No asset found? | Do not file. |
| Is it the win? | No. It holds the pot. |
Scope and legal framework
Civil Procedure Law — property preservation. Courts may preserve property on application before or during litigation (and in some enforcement settings). The applicant generally provides security. Wrongful preservation can trigger damages.
Pre-action clock. A pre-action freeze is temporary. You must commence the action or arbitration support process within the statutory period or the freeze falls away. Confirm the current CPL figure with the filing court.
Arbitration / maritime cousins. Preservation in aid of arbitration, and ship arrest, sit on related but not identical tracks. A foreign seat does not automatically give you a Shanghai freeze.
Practical workflow
- Write the asset: bank branch, USCC equity, named receivable.
- Size the claim and the security you can post this week.
- File at the court of the assets or the competent dispute court.
- Commence the main claim before the preservation expires.
Common mistakes
- Freezing a group affiliate that is not the debtor.
- Waiting for “one more negotiation call.”
- Treating a foreign emergency-injunction PDF as a China freeze.
Action checklist
- Named asset + why it will move.
- Claim memo and exhibit list.
- Security source confirmed.
- Main-claim filing date booked.
Find China dispute counsel
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Attribution
Reviewed by Shi Bingbing, lawyer at Tianjin Weishang Law Firm, Tianjin. Focuses on civil litigation and commercial dispute resolution, including cross-border enforcement matters. View directory profile →
Review tier: accuracy review of drafts (statutes, procedure orientation, and practical recovery framing). Content remains general information — not legal advice for a specific matter, and no attorney–client relationship is created by reading these pages.
Last reviewed: August 2026 · Primary sources: Key statutes and treaties.
