Sat, 24 Oct 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
China's Supreme Court issued the Implementing Rules of the Provisions on Case Guidance (《关于案例指导工作的规定》实施细则) in May 2015, which clarified the details of how the Guiding Case System works.
Sun, 18 Oct 2020 Insights Chenyang Zhang 张辰扬 , Zhuo Yiwei 卓懿伟
The parties can engage expert assistants(专家辅助人) — or "China’s expert witness" as dubbed by some people — to help them express opinions on professional issues. Although the relevant rules of expert assistant need to be improved, the parties can give it a try to strengthen the persuasion of their opinions.
Thu, 15 Oct 2020 Insights Jian Zhang 张建
Today, 15 Oct. 2020, the International Commercial Dispute Prevention and Settlement Organization (ICDPASO, 国际商事争端预防与解决组织) has been established in Beijing, China. As a non-governmental international organization, ICDPASO will provide legal services including commercial arbitration, commercial mediation, investment arbitration and dispute prevention for countries/regions around the globe.
Sun, 11 Oct 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Where do China's Guiding Cases (指导性案例) come from? Provisions on Case Guidance were issued by the SPC in 2010 as a first step towards establishing the Guiding Case system.
Sun, 11 Oct 2020 Insights Chenyang Zhang 张辰扬 , Ran Ren 任冉
"The burden of proof lies with the party asserting a proposition" (谁主张，谁举证) is a primary rule of burden of proof in China's judicial proceedings. Nevertheless, the rule is not unchangeable.
Thu, 08 Oct 2020 Insights Zilin Hao 郝梓林
In 2020, Shanghai Second Intermediate People's Court enforced the judgments made by the October District Court of Minsk City, the Republic of Belarus. This also marks the first time that a Shanghai court has accepted a case transferred by a foreign court according to the bilateral treaty.
Sun, 04 Oct 2020 Insights Guodong Du 杜国栋
China's current judge system began to take shape after the end of the Cultural Revolution (1978), and the judicial reform initiated in 2014 has accelerated its evolution.
Sun, 04 Oct 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Translation matters. In 2020, Chengdu Intermediate People's Court in Sichuan Province dismissed an application for enforcing a UAE judgment, due to translation errors in the Chinese version of the application.
Sun, 27 Sep 2020 Insights Chenyang Zhang 张辰扬 , Yue Wu 武悦
The self-admission is the disposition of the litigant's procedural rights, and may have a substantive impact on the fact-finding and the burden of proof.
Sun, 27 Sep 2020 Insights Jian Zhang 张建
As shown in Brentwood case (2020), arbitral awards rendered in Mainland China by foreign arbitral institutions can be enforced as foreign-related Chinese awards and shall be subject to the same stringent judicial review standards as Chinese arbitral awards.