On 30 Oct. 2022, China’s legislature, the Standing Committee of the National People’s Congress, ratified the “Treaty between the People’s Republic of China and the Republic of the Congo on Judicial Assistance in Criminal Matters” (中华人民共和国和刚果共和国关于刑事司法协助的条约), which was signed by representatives of the People’s Republic of China in Beijing on 5 July 2016.
Cover Photo by jonathan BUHENDWA on Unsplash
Contributors: CJO Staff Contributors Team
SPC Releases Judicial Interpretation on Contract Law
In December 2023, China's Supreme People's Court issued a judicial interpretation on the Contract section of the Civil Code, aimed at guiding courts in adjudicating disputes and ensuring nationwide consistency in application.
Beijing International Commercial Court issued guidelines elucidating the application of the HCCH 1961 Apostille Convention in China, aiming to clarify procedures for parties unfamiliar with the Convention and to enable faster, more cost-effective, and more convenient cross-border document circulation.
China Introduces New Drunk Driving Convictions Standards Effective 2023
In December 2023, China announced updated standards for drunk driving convictions, stating that individuals who drive with a blood alcohol content (BAC) of 80mg/100ml or higher on a breath test may be held criminally liable, according to the recent joint announcement by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice.
Chinese Court Issues World’s First Global 5G FRAND Rate Judgment
In December 2023, the Chinese Chongqing Court's historic ruling set global FRAND rates for Nokia's 2G-5G patents, resolving the long-standing OPPO v. Nokia dispute and marking a milestone in 5G patent litigation.
SPC's Revised Rules Extend Reach of International Commercial Courts
In December 2023, China's Supreme People’s Court's newly amended provisions extended the reach of its International Commercial Courts (CICC). To establish a valid choice of court agreement, three requirements must be met - the international nature, the agreement in writing, and the amount in controversy - while the 'actual connection' is no longer required.
Beijing IP Court Guidelines: Certifying Subject Qualification Documents
In December 2023, the Beijing Intellectual Property Court issued a bilingual guideline, based on international conventions and practical opinions from various institutions, on the supporting documents certifying subject qualification in foreign cases.
China Registers First Foreign Arbitration Institution: KCAB Shanghai Center
In December 2023, Shanghai granted registration to the Korean Commercial Arbitration Board Shanghai Center, marking the establishment of the first foreign arbitration institution in the city under new regulations.
Shanghai Court Pioneers Support for Arbitration Evidence Collection in China
In December 2023, a Shanghai local court set a groundbreaking precedent by issuing investigation orders to assist arbitration institutions, marking the first instance of such support in China's legal landscape.
Shanghai Greenlights First-Ever Ad Hoc Arbitration in China
In November 2023, Shanghai became the first region in China to legalize ad hoc arbitration by adopting the “Regulations on the Promotion of the Establishment of the International Commercial Arbitration Center in Shanghai”.
SPC Releases Typical Cases of Punitive Damages for Food Safety
In November 2023, China's Supreme People's Court (SPC) released typical cases of punitive damages for food safety, emphasizing consumer rights protection and highlighting instances of tenfold compensation awarded to consumers for food safety violations.