Dispute Resolution

Troy Rice of SIPS Hong Kong discusses the implications for foreign IP owners of the recent changes to foreign investment, cross-border tech transfer, and trade secrets laws, as well as cross-border agreement drafting considerations in light of these developments. March and April 2019 were whirlwinds for foreign IP owners with respect to the legal and regulatory framework in China governing foreign investment, cross-border technology transfer, and trade secret protection.

MOFCOM will release a shortened negative list for foreign investment in the first half; SAFE requires local registration for cross-border online transactions; and shareholders can sue to prevent harmful transactions.

New legislation and judicial rulings on bribery over the past year have impacts on foreign companies doing business in China.

The CSRC has agreed its first administrative settlement with Goldman Sachs and Gao Hua Securities; seven themed funds were approved for Shanghai’s new Sci-Tech Board; and the National People's Congress is reviewing measures to tighten up the production and sale of drugs.

Mainland China and Hong Kong/Macao make progress in reciprocal enforcement of judgments

Frank Zhuang, counsel, and Tony Tang, associate of FenXun Partners, Shanghai share with China Law & Practice the practicalities and functionality of having a litigation procedure done through internet courts in China, and the future of internet courts.

An IP tribunal is set up to hear complex IP cases

Guodong Du, attorney at Dentons and Meng Yu, researcher and co-founder of China Justice Observer, write on the various systems behind Chinese courts, and how big data and AI are employed throughout the judicial system to promote efficiency and transparency.

Five arbitration institutions are included in the “one-stop” resolution mechanism for Belt and Road disputes

Barbara Reeves of alternative dispute resolution provider, JAMS, shares with China Law & Practice the trade secret protection laws in both the U.S. and China, and their impact on dispute settlements taking the course of litigation and arbitration.