In the News: JAMS Partners with China; National IP Appeals Court; and International Judicial Assistance
October 30, 2018 | BY
Jacelyn JohnsonJAMS has recently announced a collaboration with the Shenzhen Court of International Arbitration and the Shanghai Commercial Mediation Center; China may introduce legislation to establish a national IP court within the SPC; and China passes new laws to facilitate international judicial assistance.
JAMS Forms US-China Joint Panel with China
JAMS, one of the biggest U.S.-based private alternative dispute resolution (ADR) providers recently announced collaborations with the Shenzhen Court of International Arbitration (SCIA) and the Shanghai Commercial Mediation Center (SCMC).
The formation of U.S.-China joint panels with both the SCIA and SCMC represents a significant development in the international ADR sphere, according to JAMS, as it provides a platform between the two largest economies in the world to solve complex international commercial disputes in a uniquely crafted setting with market-leading professionals providing cross-cultural and multilingual skills.
“The addition of the China-based experts to the JAMS panel comes at an important time in global commercial trade and will enable us to provide far greater support to those seeking resolution of commercial disputes,” said Zhang Wei, Director at SCMC.
According to Liu Xiaochun, president of the SCIA, the U.S.-China joint panel of arbitrators aims at promoting a fair, professional and efficient dispute resolution mechanism which provides mutual trust to both Chinese and American parties, and thus build a fair, stable, transparent and predictable business environment.
The JAMS-SCIA joint panel of arbitrators will primarily focus on resolving U.S.-China technology, media, entertainment and sports disputes while the JAMS-SCMC joint panel of mediators will consist of expert neutrals across a range of commercial sectors including construction, insurance, IP, banking, energy and technology.
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China Proposes National Intellectual Property Appeals Court
China is considering legislation to establish a national intellectual property rights (IPR) appellate court that would sit within the Supreme People's Court (SPC) to hear appeals from civil and administrative IPR cases from specialized IP courts and other intermediate courts, reported Xinhua.
The National People's Congress (NPC) is currently reviewing a draft proposal that would allow the SPC to hear appeals from patent and technology related IPR judgments made by courts throughout the country. These cases are currently heard at a higher people's court within each jurisdiction. The national IPR appeals court would handle complex IPR cases that requires more technological expertise, especially patent related cases.
Chief Justice Zhou Qiang said the national appeals court would help prevent inconsistencies in the application of the law, and will create a better legal environment for technological innovation, thus contributing to a positive business environment for both local and international companies.
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New Criminal Law to Fight Corruption
The Standing Committee of the National People's Congress passed a new law on October 26 facilitating international judicial assistance, in an effort to combat organized crime and corruption, where if an offender's act constitutes a crime in both countries, they can be transferred to their home country for criminal punishment.
The international judicial assistance law stipulates provisions of mutual support between China and other countries in dealing with criminal cases, including provisions requiring legal document delivery, investigation and evidence collection, recovery and confiscation of assets as well as management and transfer of offenders.
The new international judicial assistance law was announced alongside a revision to the Criminal Procedure legislation to introduce default judgment in criminal trials. The revised provisions imposes strict rules requiring the courts to examine if default judgment would be applicable in a case.
A default judgment could be obtained where a suspect is overseas and is involved in corruption cases, especially those that impose serious threats against national security. Obtaining a default judgment would ensure time-sensitivity is adhered to, and would in turn uphold the rule of law, and safeguard public and national interest.
The passing of both these laws is a major improvement in China's criminal legal system, as it shows China's seriousness on fighting corruption, and ensuring stricter enforcement in international criminal cases, especially white collar crimes and in incidents endangering national security.
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