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An economic downturn means... more layoffs (and more strikes). Here's how to handle them http://t.co/s8oWaEpRVh

Jun 26 2015 04:40 ·  reply ·  retweet ·  favourite
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40 year old meat seized in China http://t.co/L2BGxWpTI4 Will leave this here: the 101s of the new Food Safety Law: http://t.co/BxYREit9sw

Jun 25 2015 10:26 ·  reply ·  retweet ·  favourite
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Very solid overview on changes to #China's Foreign Investment Catalogue + major industries http://t.co/Fnbm2XmpSh #FDI by @NLegal_Global

Jun 17 2015 03:52 ·  reply ·  retweet ·  favourite

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A question of strategy

There is more to dispute resolution in China than meets the eye. By making strategic choices, foreign businesses can maximise their chances of winning anti-monopoly and IP disputes

Date: 08 February 2012

Keywords (click to search): dispute resolution AML intellectual property

Foreign businesses and their legal advisers often discuss how to weigh different dispute resolution methods such as mediation, arbitration and litigation to better protect their interests in China. They seem to have little understanding of other important options such as administrative review and administrative litigation, let alone considering carefully how these options could be used strategically to handle anti-monopoly and intellectual property issues.

Anti-monopoly disputes

The implications of this issue for anti-monopoly disputes are significant, as reflected in Article 53 of the 2007 PRC Anti-monopoly Law (中华人民共和国反垄断法) (AML). The provision stipulates, among other things, that if a business operator is dissatisfied with a decision made by agencies in charge of investigating monopolistic acts such as "monopoly agreements reached between business operators" and "abuse of dominant market position by business operators", the business operator "may apply for administrative review or lodge an administrative lawsuit according to law [author’s note: this means...


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