In 2021, due to lack of jurisdiction, a Chinese court in Liaoning Province ruled to dismiss applications for enforcing three South Korean judgments in KRNC v. CHOO KYU SHIK (2021).
China’s newly amended Civil Procedure Law aims to reduce the caseload and simplify the litigation procedure by, among others, promoting online litigation and supporting mediation.
On 8 June 2021, China Justice Observer released the 2021 version of List of China’s Cases on Recognition of Foreign Judgments. To date, we have collected 72 cases involving China and 24 foreign States and regions.
Academy for the Rule of Law at China University of Political Science and Law
中国政法大学全面依法治国研究院
No, the agreement, at least the part relating to the organizational structure and internal governance matters, may not be arbitrable, says Beijing Second Intermediate People's Court in Tang v. Beijing XX Decoration Technology Company (2019).
German investors benefit from the new Chinese Foreign Investment Law.
The Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong SAR (2020) provides detailed interpretation on reciprocal enforcement of arbitral awards, and further refines the interregional judicial assistance system.
In May 2022, China’s Supreme People’s Court issued the “Opinions of the Supreme People’s Court on Strengthening Blockchain Application in the Judicial Field (最高人民法院关于加强区块链司法应用的意见), laying out the future role of blockchain technology in the Chinese judicial system.
In May 2022, China's first public hearing on data compliance non-prosecution was held in Shanghai.
In May 2022, China's first data resources specialized tribunal was established in Wenzhou, Zhejiang Province.
In April 2022, China’s Supreme Court and 13 departments jointly issued the “Administrative Provisions on Compensation for Environmental Damage” (生态环境损害赔偿管理规定) to further specify and improve the norms of environmental damage compensation.
It means enforcing foreign judgments in China will not be much harder than that in other foreign judgments friendly countries.
In practice, as an agency specializing in China-related debt collection, we have noticed that small and medium-sized enterprises (SMEs) are often more likely to get into situations where they are owed money by their Chinese partners.
You only need to prepare the proof of identity, proof of intellectual property rights (IPR), and proof of authorization.
In international trades, many traders do not always use formal contracts when doing business in China. Instead, they use simple purchase orders (POs) and proforma invoices (PIs), which do not cover all the details of the transaction.
On 5 May 2022, China deposited a declaration of extension of the territorial application of the CISG to Hong Kong SAR.
China’s Supreme Court’s newly-issued 2021 Conference Summary on cross-border commercial and maritime litigation, addressed, among others, jurisdiction clauses, cross-border electronic service, and recognition and enforcement of foreign judgments.
China’s newly amended Civil Procedure Law aims to reduce the caseload and simplify the litigation procedure by, among others, promoting online litigation and supporting mediation.
Diverging views among Chinese local courts are expressed on the question of whether the disclosure of Chinese judgments infringes the privacy of the parties.
In 2021, Shenzhen Intermediate People’s Court granted Mr. Liang’s application for personal bankruptcy reorganization, marking the first of its kind in China.
China's Personal Information Protection Law (个人信息保护法), enacted in August 2021, draws the boundaries for Internet platforms conducting automated decision-making through algorithms.
What is the duty lawyer? Who will serve as legal aid personnel? What kind of legal services can be provided? Here’s key questions to be answered to get to know China’s Legal Aid Law.
People’s Assessors Law of the People’s Republic of China was promulgated on 27 Apr. 2018, and entered into force on the same date.
Mon, 04 Jul 2022 China Legal Trends CJO Staff Contributors Team
In May 2022, China’s Supreme People’s Court issued the “Opinions of the Supreme People’s Court on Strengthening Blockchain Application in the Judicial Field (最高人民法院关于加强区块链司法应用的意见), laying out the future role of blockchain technology in the Chinese judicial system.
Mon, 04 Jul 2022 China Legal Trends CJO Staff Contributors Team
In May 2022, China's first public hearing on data compliance non-prosecution was held in Shanghai.
Sun, 03 Jul 2022 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In 2021, due to lack of jurisdiction, a Chinese court in Liaoning Province ruled to dismiss applications for enforcing three South Korean judgments in KRNC v. CHOO KYU SHIK (2021).
Thu, 30 Jun 2022 China Law in One Minute Meng Yu 余萌
It means enforcing foreign judgments in China will not be much harder than that in other foreign judgments friendly countries.
Thu, 30 Jun 2022 China Law in One Minute Meng Yu 余萌
In practice, as an agency specializing in China-related debt collection, we have noticed that small and medium-sized enterprises (SMEs) are often more likely to get into situations where they are owed money by their Chinese partners.
Thu, 30 Jun 2022 China Law in One Minute Meng Yu 余萌
You only need to prepare the proof of identity, proof of intellectual property rights (IPR), and proof of authorization.
Mon, 27 Jun 2022 China Legal Trends CJO Staff Contributors Team
In May 2022, China's first data resources specialized tribunal was established in Wenzhou, Zhejiang Province.
Mon, 27 Jun 2022 China Legal Trends CJO Staff Contributors Team
In April 2022, China’s Supreme Court and 13 departments jointly issued the “Administrative Provisions on Compensation for Environmental Damage” (生态环境损害赔偿管理规定) to further specify and improve the norms of environmental damage compensation.
Mon, 27 Jun 2022 China Legal Trends CJO Staff Contributors Team
In May 2022, to prevent the abuse of personal bankruptcy, Shenzhen issued the Opinions on Enhancing Individual Bankruptcy Filings and Reviews (加强个人破产申请与审查工作的实施意见).
Mon, 27 Jun 2022 China Legal Trends CJO Staff Contributors Team
In April 2022, China launched the Chengdu International Commercial Tribunal, the first of its kind to have cross-regional centralized jurisdiction over foreign-related civil and commercial cases for first-instance trials in Sichuan Province.
Mon, 27 Jun 2022 China Legal Trends CJO Staff Contributors Team
In May 2022, an antitrust case against China's largest academic publisher CNKI was filed by the State Administration for Market Regulation.
Sun, 26 Jun 2022 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In 2021, Xiamen Maritime Court of China ruled to recognize a Singaporean insolvency order in In re Xihe Holdings Pte. Ltd. et al. (2020), providing an example of how Chinese courts recognize foreign bankruptcy judgments based on the principle of reciprocity.
Thu, 23 Jun 2022 China Law in One Minute Meng Yu 余萌
In international trades, many traders do not always use formal contracts when doing business in China. Instead, they use simple purchase orders (POs) and proforma invoices (PIs), which do not cover all the details of the transaction.
Thu, 23 Jun 2022 China Law in One Minute Meng Yu 余萌
What do you do as a creditor if you have a winning judgment against your debtor in a country other than the one where the debtor has assets or is located?
Thu, 23 Jun 2022 China Law in One Minute Meng Yu 余萌
Is the Chinese company still in operation? Does it have any business in the last year? Does it have any regular income?
Thu, 23 Jun 2022 China Legal Trends CJO Staff Contributors Team
The webinar ‘Cross-border Commercial Dispute Resolution – HCCH 2005 Choice of Court and 2019 Judgments Conventions’ will take place on Wednesday, July 27 between 3 to 6 pm (Singapore time). This event is organized jointly by the Asian Business Law Institute (ABLI) and the Permanent Bureau of the Hague Conference on Private International Law (HCCH).
Mon, 20 Jun 2022 China Legal Trends CJO Staff Contributors Team
In May 2022, China’s highest judicial organs issued the “Provisions on Several Issues Concerning the Handling of Public Interest Litigation Cases Involving Marine Natural Resources and Ecological Environment” (《最高人民法院、最高人民检察院关于办理海洋自然资源与生态环境公益诉讼案件若干问题的规定》), which stipulates how to handle civil public interest litigation involving the marine environment.
Mon, 20 Jun 2022 China Legal Trends CJO Staff Contributors Team
In May 2022, the draft of the “Catalogue of Encouraged Industries for Foreign Investment (2022)” was issued to solicit public opinion. The new catalogue adds 238 items and deletes 38 items compared with its 2020 edition.
Mon, 20 Jun 2022 China Legal Trends CJO Staff Contributors Team
In March 2022, China for the first time recognized and enforced an English commercial judgment.
Mon, 20 Jun 2022 China Legal Trends CJO Staff Contributors Team
In May 2022, ten typical cases of public interest litigation to protect the rights and interests of persons with disabilities were released by China’s Supreme Procuratorate and China Disabled Persons’ Federation.
