The Supreme People's Court has set up an environmental tribunal and clarified in its new Opinions which parties are able to pursue cases, the courts of first instance and the rules on litigation fees and funds, say Paul Davies and Oliver Zhang
The battle for well-known status ensues as foreign marks still find it difficult to secure recognition. The new Provisions merely reflect the current practice, and brand owners must bear in mind that well-known status is only one part of a wider trademark strategy
Two years after the CIETAC split, unresolved issues such as inconsistent court rulings and confusion over enforcement still remain. Parties are advised to clearly specify the desired institution in their arbitration clauses
Two years after the CIETAC split, unresolved issues such as inconsistent court rulings and confusion over enforcement still remain. Parties are advised to clearly specify the desired institution in their arbitration clauses
A new cash-pooling system allows multinational corporations to centralise their foreign exchange funds and eases flow between their onshore and offshore accounts. But quantitative control remains and the full potential of the system is yet to be realised
The growing use of acquisition finance by the private equity industry has led to increasingly complex structures. But regulations make it difficult to provide lenders security and move onshore funds offshore
The Chinese judiciary's road to reform is beset with challenges such as lack of clarity in procedural rules, inconsistency among courts and blurred roles of judges, local governments and even the Supreme People's Court
Many recommend including an arbitration clause in commercial contracts with Chinese companies, given the challenges foreign companies face in the PRC courts. What must I include in the clause to ensure my company is protected from potential disputes? What is the model arbitration clause?
Strategies include undertaking a full risk assessment, conducting comprehensive due diligence, establishing adequate contractual protections, developing proper monitoring procedures and designing and implementing a thorough compliance system
Strategies include undertaking a full risk assessment, conducting comprehensive due diligence, establishing adequate contractual protections, developing proper monitoring procedures and designing and implementing a thorough compliance system