Foreign investors should consider opting to resolve disputes through Chinese domestic arbitration commissions as there is little chance that PRC courts will recognise or enforce internationally-awarded interim measures
The 2010 Report selected 43 issues with broad guiding significance from 36 cases including: determination of the equivalence of technical features in a patent infringement dispute and protection of a design under the Anti-unfair Competition Law after the patent expires.
With a comprehensive mediation regime now established by the government, foreign parties should be aware of how judicial mediation is part of the litigation procedure and that judges can play a dual role over the course of a case
Recently released judicial interpretations from the Supreme People's Court of China further clarify a number of uncertainties often faced by Chinese companies (including foreign-invested enterprises), their shareholders and creditors in common disputes related to establishment, capital contribution and shareholder rights
Recently released judicial interpretations from the Supreme People's Court of China further clarify a number of uncertainties often faced by Chinese companies (including foreign-invested enterprises), their shareholders and creditors in common disputes related to establishment, capital contribution and shareholder rights
Last year, the PRC Supreme People's Court adopted a consistent approach to conflicts involving the establishment and modification of foreign-invested enterprises. However, uncertainties remain on various issues of remedies and dormant shareholders
The codification of China's civil law took a big step forward with Beijing's release of its hallmark statute on conflict rules. The government is now more flexible in dealing with foreign-related civil relationships, but party autonomy limitations are likely to affect judicial practice
This Law has been formulated in order to clarify the application of laws to foreign-related civil relationships, rationally resolve foreign-related civil disputes and safeguard the lawful rights and interests of concerned parties.