Two years after the CIETAC split, unresolved issues such as inconsistent court rulings and confusion over enforcement still remain. Parties are advised to clearly specify the desired institution in their arbitration clauses
September 09, 2014
Dispute Resolution
The Chinese judiciary's road to reform is beset with challenges such as lack of clarity in procedural rules, inconsistency among courts and blurred roles of judges, local governments and even the Supreme People's Court
September 08, 2014Many recommend including an arbitration clause in commercial contracts with Chinese companies, given the challenges foreign companies face in the PRC courts. What must I include in the clause to ensure my company is protected from potential disputes? What is the model arbitration clause?
September 08, 2014The new interpretation clarifies details which are lacking in the Patent Law and builds on practical issues addressed by the Implementing Rules, such as the use of reports and the judgment of equivalent infringement, damage claims, royalties and expenses, says Xi Sun
September 08, 2014Issued: July 16 2014 Main contents: Where a legal action is instituted in respect of the infringement of a utility model patent or design…
August 25, 2014The revised Implementing Rules allow division of a trademark registration application when registration is denied on certain of the designated goods.
July 15, 2014This year's report has derived 39 law application issues with general guiding significance from 30 carefully selected typical cases.
July 10, 2014Many foreign companies are being attacked by Chinese companies for payment under guarantee fraud claims. Peng Shen and Ying Wu explain how devising a comprehensive dispute resolution strategy is key to avoid and manage these risks
July 07, 2014