PRC Foreign Investment Law makes it clear that the foreign indirect investment should also be put under regulation, but fails to provide a clear definition of and the criteria for determining indirect investment.
To participate in China's judicial proceedings, it is vital to understand the time limit system for presenting evidence. Although the evidence is still very much likely to be admitted by the court even if its presentation is delayed and may incur court punishment, the parties should try the best to present evidence on time.
In Chinese judicial practices, unless the jurisdictional clause clearly stipulates that is "non-exclusive", it is more likely that the agreement of jurisdiction would be deemed as "exclusive".
In 2020, Chenzhou Intermedia People's Court in Hunan Province dismissed an application for enforcing a Myanmar judgment, due to lack of the original or a certified copy of the foreign judgment. This is the first reported case where a Chinese court accepted a case on recognition and enforcement of Myanmar money judgments.
The technical examination officer (TEO) is a trial assistant to assist the judge in finding out technical facts of the case. Like the expert in authentication, the TEO is a neutral third party but has closer communication with judges.
The judges of Beijing Internet Court have summarized the interesting oddities they encountered in online trials and shared the stories through comics.
In China, courts in Lin-gang Special Area of Shanghai Pilot Free Trade Zone will take a far more liberal attitude than other local courts when hearing international commercial disputes.
CICC Studies Force Majeure Rules from Over 60 Jurisdictions: Chinese Courts Respond to COVID-19 Series-04
This study, commissioned by China International Commercial Courts (CICC), provides an assessment of force majeure rules in multiple jurisdictions. Seven study reports are available online.
In China, can a witness be spared appearing in court? Does cross-examination exist in Chinese courts? Here's what we need to know about witnesses and witness testimony in China's civil litigation.
For disputes arising from an administrative agreement, you are allowed to choose any Chinese court, as long as the court has actual connections therewith.