U.S. Commerce Department removes civilian end-use exception for tech exports to China; ChiNext to trial registration-based IPO system following STAR board success; new civil litigation evidence rules take effect amid coronavirus disruption to contracts
SPC issues guidelines on force majeure claims of Covid-19 contract disputes
How has disruption to Chinese businesses and deals shifted as the virus itself has moved from China to the U.S.? Scott Yu and Meg Utterback discuss the pandemic's impact on international M&A, litigation, antitrust enforcement, and U.S. regulatory action against Chinese companies
China's support for its businesses' force majeure claims is raising questions about enforcement of foreign arbitral awards
In the first episode of the China Law Podcast, we discuss Chinese businesses claiming force majeure exemptions to contracts. Should foreign counterparties grant these exemptions? Must they? Or should they sue instead? And perhaps most importantly, would they win?
China was promoting online dispute resolution even before the coronavirus outbreak. Now, the government wants to see more of it, as business in the country resumes. But questions remain as to whether it will catch on for international disputes.
China promotes arbitration, mediation for virus-related business disputes; business resumption requirements clarified by State Council notice; and government offers subsidies to airlines struggling amid epidemic
Leakage of user information as a result of failure in cybersecurity management obligations may be criminal
Economy still stifled despite positive signs indicating success in containing virus; record issuance of force majeure certificates to Chinese businesses disrupted by epidemic; and JP Morgan indexes begin Chinese government bond inclusion
With business disruption caused by the emergence of COVID-19 and possible failure to deliver on contractual obligations on the part of Chinese counterparties, foreign companies doing business in China must consider their contractual liabilities in order to mitigate their potential risks. Scott Yu, Frank Jiang and John Jiang of Zhong Lun Law Firm examine the implications. The authors are grateful for the assistance of Emily Xu and Evy Wu in preparing this article.
