2023 Annual Review of Dispute Resolution in China

February 14, 2024 | BY

Susan Mok

Chunhui Harry Fang, Xinyu Li, Xiaoxiao Gao and Daji Duan of Jingtian & Gongcheng Law Firm discuss the year's major legislative and judicial developments in 2023 with respect to civil and commercial dispute resolution in China

Summary


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  • Significant amendments to the Company Law including the adoption of a five-year paid in capital contribution and the adoption of foreign-related provisions in Civil Procedure Law
  • Amendment of Patent Law Implementation Regulations including adaptation to artificial intelligence development
  • Four anti-trust regulations issued by SAMR and a groundbreaking judicial decision
  • Pioneering changes to Arbitration Rules of CIETAC to improve flexibility, efficiency and be more cost-saving for arbitrating parties

Departing from the relatively smooth pathway in the pandemic era, China legislation and arbitration entities navigated through intensive landscape in 2023. The most significant legislative shift was amendments to the Company Law in the substantive law sector. Remarkable changes also occurred procedurally in judicial and arbitral branches concerning Civil Procedure Law and CIETAC Arbitration Rules. Together with other newly amended laws, regulations and rules, which have taken or will take effect in 2024, they will enforce immediate impact on dispute resolution practice and manifest more of themselves in the years to come.

Company Law Amendments

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