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.
Sun, 20 Sep 2020 Insights Xiaodong Dai 戴晓东
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.
Sun, 20 Sep 2020 Insights Chenyang Zhang 张辰扬 , Xuan Zhao 赵暄
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.
Thu, 17 Sep 2020 Insights Zilin Hao 郝梓林
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".
Sun, 13 Sep 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
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.
Sun, 13 Sep 2020 Insights Chenyang Zhang 张辰扬 , Ran Ren 任冉
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.
Mon, 07 Sep 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
The judges of Beijing Internet Court have summarized the interesting oddities they encountered in online trials and shared the stories through comics.
Mon, 07 Sep 2020 Insights Guodong Du 杜国栋
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.