Dispute Resolution

• Interpretation on Several Issues Concerning the Application of International Treaties and International Practice in the Trial of Foreign-Related Civil and Commercial Cases

  关于审理涉外民商事案件适用国际条约和国际惯例若干问题的解释

  SPC clarifies application of international practice in foreign-related civil and commercial cases

  January 15, 2024

• The Foreign Controls Challenges Facing China M&A

  Current sanctions, the risk of future sanctions, and foreign investment controls are some of the increasingly prominent challenges facing merger & acquisition (M&A) deals involving Chinese parties this year. While there is no universal solution for each transaction, there are still ways parties and lawyers can minimize the risk of problems arising.

  January 14, 2024

  

• Supreme People's Court, Interpretation on Issues of Application of the Law in the Trial of Labor Dispute Cases (2) (Draft for Comments)

  最高人民法院关于审理劳动争议案件适用法律问题的解释 (二) (征求意见稿)

  People's Court clarifies liability for breach of non-compete clauses

  January 04, 2024

• In the News: China Restricts Export of AI Algorithms; JD Wins Anti-Monopoly Case Against Alibaba; and Criminal Law Revised

  China restricts export of personalized push services based on AI algorithms; JD.com wins anti-monopoly case with record damages; and China amends Criminal Law to increase punishment for corruption

  January 03, 2024

  

• In the News: The NDAA 2024 Provisions for China; China Amends Company Law to Regulate Shareholder Behavior; and China's Supreme People's Court Creates a Public Case Database

  The U.S. issues renewed national security legislation focusing on defense contracts with Chinese military companies; China amends its Company Law to strengthen the rights of shareholders; and China's top court set up a case database to standardize adjudication across the country.

  December 28, 2023

  

• In the News: Worries over Court Rulings Disclosure; New Fund Draft Poses Threats to PE Firms; and Responses to Data Breaches

  Public may no longer be able to access court rulings as CJO database might be closing; Analysts worry a new CSRC draft might lead to problems with start-up financing; and China proposes a four-tier classification system to deal with data breaches

  December 21, 2023

  

• In the News: Landmark Oppo v Nokia Patent Case Settled; Gotion Deal Scrutiny; and Apps' Illegal Collection of Personal Data

  Chinese court established the FRAND rate for 5G patents in Oppo v Nokia case; Regulator warns Gotion of failing to disclose conditions of its deal with Illinois; and Apps like Alibaba Marketplace and Taobao Alliance are violating data collection laws

  December 15, 2023

  

• In the News: First Chinese Ruling for Copyrighting AI Content; Michelin IP Dispute; and Shein Plans to Go Public in USA

  AI content protected by Chinese copyright law due to the addition of "human investment"; A provincial appellate court rules that Shanghai's Maichilin has infringed Michelin's trademark; and the ramifications of Shein's plans to file an IPO in the U.S.

  December 06, 2023

  

• In the News: Chinese Autonomous Vehicles Questioned; Mainland-Hong Kong Reciprocal Enforcement Regime; and MOFCOM Letter to Help FIEs 

  Chinese auto companies are being asked CFIUS-like questions; Hong Kong's new reciprocal enforcement regime is expected to provide more certainty to parties; and MOFCOM clears unequal treatment for foreign investors.

  December 01, 2023

  

• Jurisdiction Rule Changes for Supreme People's Court IP Tribunal

  A recent change in rules amends the jurisdiction of the IP tribunal of China's highest court, potentially freeing up judicial resources. Fang Qi and Danlei Wu of Fangda Partners review the new rules and their impact

  November 22, 2023