Dispute Resolution

Supreme People’s Court, Provisions on Several Issues Concerning the Application of the System of the Prescription of Actions in Trials of Civil Cases [Legislation Digest]
最高人民法院关于审理民事案件适用诉讼时效制度若干问题的规定
Periods of prescription of actions clarified for civil cases.

Provisions on Several Issues Concerning the Application of the System of the Prescription of Actions in Trials of Civil Cases [Full Text Translation]
关于审理民事案件适用诉讼时效制度若干问题的规定
The Provisions detail matters in respect of the counting, interruption, suspension and validity of prescription of actions.

China Law & Practice Awards – the winners
After 12 months of innovative and pioneering work and four months of research, interviewing and profiling, the 2008 China Law & Practice awards were presented in Beijing on September 18. The winning deals and firms were recognised for their impact on China’s legal community.

Court Clarifies Statute of Limitations for Civil Cases
The Provisions of the Supreme People’s Court on Several Issues Concerning Application of The Statute of Limitations System in Trial of Civil Cases brings forth 24 articles which give systemic and comprehensive regulations in regards to the general principals, calculation, interruption, suspension, effect and supplementary provisions of the statute of limitations.

Stories from the summit
Regulatory reform in China is more important than ever to investors in the country. Leading lawyers talked about how the government’s various regulatory approach shape investors’ behaviours at the 5th annual China Law & Practice China Summit.

Guangdong Province, Guiding Opinion on Several Issues Concerning the Application of the «Law on the Mediation and Arbitration of Employment Disputes»and the «Employment Contract Law» [Full Text Translation]
广东省高级人民法院、广东省劳动争议仲裁委员会关于适用《劳动争议调解仲裁法》、《劳动合同法》 若干问题的指导意见
The Opinion addresses issues concerning payment of social insurance premiums by the employer, employment arbitration awards, severance pay, fixed-term employment contracts, non-compete provisions and overtime wages in Guangdong Province.

China Law & Practice Awards 2008 – The Finalists
China’s legal market continues to attract high-end, complicated and multi jurisdictional work and in Beijing this month, the China Law & Practice awards will reflect the complexities and challenges. Chris Bisogni and Joanna Law provide a summary of the deals and firms that made the 2008 shortlist.

Labour Law: State Council delays, as Guangdong makes it better
Guangdong is the first province to have issued a guiding opinion on the labour laws. The opinion attempts to clarify some of the ambiguities in the PRC Employment Contract Law, which took effect in January this year. But the issuance of the rules has caused considerable controversy, with some arguing the Guangdong authorities do not have the right to issue guiding opinions and that some its contents are, as a result, against the national law.

The Impact of the G2000 and Schneider Cases for Foreign IP Rights Owners Litigating in China

Impact of the Latest PRC Labour Law Legislation on Existing and Newly Concluded Labour Contracts

Collective Wage Bargaining: An Historical Turning Point

Trade Unions and Multinational Companies in China

Guangdong Province, Guiding Opinion on Several Issues Concerning the Application of the «Law on the Mediation and Arbitration of Employment Disputes» and the «Employment Contract Law» [Legislation Digest]
广东省高级人民法院 广东省劳动争议仲裁委员会关于适用《劳动争议调解仲裁法》、《劳动合同法》若干问题的指导意见
Guangdong clarifies issues arising from the Employment Contract Law.

Provisions on Several Issues Concerning the Application of the «PRC Company Law» (2) [Full Text Translation]
关于适用《中华人民共和国公司法》若干问题的规定（二）
The Provisions set forth criteria for a people’s court to accept a petition of a shareholder or shareholders to dissolve the company.

Supreme People’s Court, Provisions on Several Issues Concerning the Application of the «PRC Company Law» (2) [Legislation Digest]
最高人民法院关于适用《中华人民共和国公司法》若干问题的规定 (二)
Shareholder right to dissolve the company clarified.

Supreme People’s Procuratorate and Ministry of Public Security, Supplementary Provisions on the Standards for Pursuing Cases of Economic Crime [Legislation Digest]
最高人民检察院、公安部关于经济犯罪案件追诉标准的补充规定
Clearer standards to deal with securities-related crimes.

China’s Leading Lawyers
How do the Leading Lawyer nominations reflect the evolution of the legal system in China? China Law & Practice takes a closer look at the results, and speaks to the nominees about their areas of expertise. Hear from the experts what the future holds for China law.

Arbitrating Chinese Domestic Disputes
Despite some remaining flaws, arbitration is still the preferred method of dispute resolution for investors in China. This is not only due to the generally applicable advantages of arbitration over litigation but is also linked to the particularities of the Chinese legal system. However, these particularities should be carefully taken into account when drafting the arbitration clause in a contract involving a Chinese party, otherwise the arbitral process could lead to an unenforceable and useless award.

PRC Law on the Mediation and Arbitration of Employment Disputes [Full Text Translation]
中华人民共和国劳动争议调解仲裁法
The Law details the procedures for mediation and arbitration of employment disputes. It stipulates that the time limit for applying for arbitration in an employment dispute shall be one year (Article 27).

PRC Law on the Mediation and Arbitration of Employment Disputes [Legislation Digest]
中华人民共和国劳动争议调解仲裁法
Arbitration procedures for employment disputes made easier for employees.

PRC Law on Mediation and Arbitration of Labour Disputes: Further Improvement in Handling Labour Issues in China
The PRC Law on the Mediation and Arbitration of Employment Disputes is another important step made by the Standing Committee of the PRC National People’s Congress after its promulgation of the Labour Contract Law in June 2007. Both this and the Labour Contract Law are intended to better protect the legitimate rights and interests of employees and employers, with the latter in respect of the substantive law and the former in respect of the procedural system.

“Look alike” is not acceptable: case review on a recent judgment by the Supreme Court

Arbitrating Chinese Domestic Disputes
Despite some remaining flaws, arbitration is still the preferred method of dispute resolution for investors in China. This is not only due to the generally applicable advantages of arbitration over litigation but is also linked to the particularities of the Chinese legal system. However, these particularities should be carefully taken into account when drafting the arbitration clause in a contract involving a Chinese party, otherwise the arbitral process could lead to an unenforceable and useless award.

Provisions on Several Issues Concerning the Trial of Civil Disputes Involving Conflicts Between Prior Rights and Registered Trademarks or Enterprise Names [Full Text Translation]
关于审理注册商标、企业名称与在先权利冲突的民事纠纷案件若干问题的规定
The Provisions lay down the criteria under which a people’s court should accepts a civil case on conflicts between prior rights and registered trademarks or enterprise names.

Supreme People’s Court, Provisions on Several Issues Concerning the Trial of Civil Disputes Involving Conflicts Between Prior Rights and Registered Trademarks or Enterprise Names [Legislation Digest]
最高人民法院关于审理注册商标、企业名称与在先权利冲突的民事纠纷案件若干问题的规定
SPC promulgates provisions to curb imitation of brand names.

PRC Civil Procedure Law (Revised) [Full Text Translation]
中华人民共和国民事诉讼法 (修正)
The revised Law sets forth more circumstances under which a people's court may approve an application to retry a civil case.

PRC Civil Procedure Law (Revised) [Legislation Digest]
中华人民共和国民事诉讼法 (修正)
Criteria for retrial of civil cases revised.

MORE FOREIGN ENTERPRISES USE ARBITRATION

PRC Civil Procedure Law Revised
In the past 16 years, the PRC Civil Procedure Law has played an important role in safeguarding the civil rights and interests of the parties and regulating the conduct of the other relevant participants in litigation. However, with the rapid development of China's economy and the increasingly complex and elaborate Chinese legal system, more and more civil and commercial disputes have arisen in recent years and aggrieved parties are more willing than ever to resort to court to resolve their disputes. This has created the need for a revised version of the legislation with more specific guidance and rules, especially regarding retrial and enforcement procedures.