December 2009/January 2010
Clarity on material adverse change
Material adverse change can be key to commercial agreements but has not been clearly defined under Chinese law. A recent Supreme People’s Court interpretation has changed that
October 2009
China slips in business rankings despite trade liberalisation
September 2009
Guiding Opinion on Several Issues Concerning the Trial of Civil and Commercial Contract Disputes under Current Circumstances
[Full Text Translation]
关于当前形势下审理民商事合同纠纷案件若干问题的指导意见
The Opinion gives guidance on distinguishing changed circumstances and commercial risk, determining excessive liquidated damages, loss of anticipated benefits and agency by estoppel, and correctly applying mandatory provisions and the rule of the right of plea of unease.
Court opinion on civil and commercial contract disputes to help foreign companies
A new opinion issued by the Supreme People’s Court will provide valuable guidance to foreign companies handling contracts affected by the financial crisis
June 2009
No business without contracts
Contracts are the bases of all business transactions. Without them, and their trustworthy enforcement, trade would grind to a halt
Supreme People’s Court, Interpretation on Several Issues Concerning the Application of the «PRC Contract Law» (2)
[Legislation Digest]
最高人民法院关于适用《中华人民共和国合同法》若干问题的解释（二）
The second interpretation of the PRC Contract Law accepts fingerprint signature.
Interpretation on Several Issues Concerning the Application of the «PRC Contract Law» (2)
[Full Text Translation]
关于适用《中华人民共和国合同法》若干问题的解释（二）
The Interpretation clarifies issues concerning conclusion of contracts, validity of contracts, performance of contracts, termination of contractual rights and obligations, and liability for breach of contract.
*Web-only translation - Measures for the Administration of Registration of Technology Import and Export Contracts
[Full Text Translation]
技术进出口合同登记管理办法
Mofcom revises measures for registration of technology import and export contracts.
Guangdong Province, Circular on the Promotion of the Model Text for the «Contract for Passing on the Contracted Management Rights in Rural Land in Guangdong Province»
[Legislation Digest]
广东省关于推行《广东省农村土地承包经营权流转合同》示范文本的通知
Guangdong issues model contract text to protect contracted rural land.
Contract law interpretation to help foreign companies
More details equal more certainty for everyone
April 2009
PRC Insurance Law (Amended)
[Full Text Translation]
中华人民共和国保险法 (修订)
The amended Law allows insurance companies to invest in bonds, stocks, securities investment fund shares and immovable property.
PRC Insurance Law (Amended)
[Legislation Digest]
中华人民共和国保险法 (修订)
Insurance companies allowed to invest in stocks and immovable property.
No revision of employment law expected
Legal burdens could lead to more short-term employment
Investment advisers’ role in private equity investment trusts
February 2009
Employers, prepare for tribunal trouble
Employers in China are facing more labour arbitrations as employees take advantage of free tribunals and increased rights. Foreign companies are at most risk. They must keep good documentation and pay close attention to balancing internal rules and local law.