Dispute Resolution

• COVID-19 Legal Series (8): How Will PRC Courts Handle COVID-19 Disputes? The Supreme Court Has Its Say

  China's top court wants lower courts to facilitate continued performance of contracts as much as possible

  May 06, 2020

  

• In the News: US Export Restrictions; ChiNext Registration IPO; and New Evidence Rules

  U.S. Commerce Department removes civilian end-use exception for tech exports to China; ChiNext to trial registration-based IPO system following STAR board success; new civil litigation evidence rules take effect amid coronavirus disruption to contracts

  May 04, 2020

  

• Supreme People's Court, Guiding Opinions on Several Issues Concerning the Lawful and Proper Trial of Civil Cases Involving the Novel Coronavirus Pneumonia Epidemic (1)

  最高人民法院关于依法妥善审理涉新冠肺炎疫情民事案件若干问题的指导意见（一）

  SPC issues guidelines on force majeure claims of Covid-19 contract disputes

  April 27, 2020

• Podcast #3: Pandemic Impact on Deals and Disputes - From Beijing to New York

  How has disruption to Chinese businesses and deals shifted as the virus itself has moved from China to the U.S.? Scott Yu and Meg Utterback discuss the pandemic's impact on international M&A, litigation, antitrust enforcement, and U.S. regulatory action against Chinese companies

  April 16, 2020

  

• COVID-19 Legal Series (7): Will the Pandemic Impact Enforcement of Foreign Arbitral Awards in China?

  China's support for its businesses' force majeure claims is raising questions about enforcement of foreign arbitral awards

  April 09, 2020

  

• Podcast #1: Force Majeure in China - What It Means and How to Fight It

  In the first episode of the China Law Podcast, we discuss Chinese businesses claiming force majeure exemptions to contracts. Should foreign counterparties grant these exemptions? Must they? Or should they sue instead? And perhaps most importantly, would they win?

  March 25, 2020

  

• China Pushes for Increase in Online Dispute Resolution as It Reboots Economy

  China was promoting online dispute resolution even before the coronavirus outbreak. Now, the government wants to see more of it, as business in the country resumes. But questions remain as to whether it will catch on for international disputes.

  March 19, 2020

  

• In the News: Virus Dispute Resolution; Business Resumption Requirements; and Airline Subsidies

  China promotes arbitration, mediation for virus-related business disputes; business resumption requirements clarified by State Council notice; and government offers subsidies to airlines struggling amid epidemic

  March 09, 2020

  

• Interpretation on Several Issues Concerning the Application of the Law in Handling Criminal Cases of Unlawful Use of Information Networks, Assisting Criminal Activities Over Information Networks, Etc.

  关于办理非法利用信息网络、帮助信息网络犯罪活动等刑事案件适用法律若干问题的解释

  Leakage of user information as a result of failure in cybersecurity management obligations may be criminal

  March 06, 2020

• In the News: Business Disruption; Force Majeure; and JP Morgan Bond Inclusion

  Economy still stifled despite positive signs indicating success in containing virus; record issuance of force majeure certificates to Chinese businesses disrupted by epidemic; and JP Morgan indexes begin Chinese government bond inclusion

  March 02, 2020