The article explores available options to extend the full protection under the 'new generation' of bilateral investment treaties to otherwise unprotected investors.
Parties to foreign-related contracts have been free to choose which country's law govern their contracts - except where PRC law is mandatory. The new Provisions provide better guidance on deciding the governing law of the contract.
This Provisions aims to further clarify the issue on the conflict of laws for foreign-related civil and commercial contract disputes and recognizes the parties' expressed choice of laws.
The article explores available options to extend the full protection under the 'new generation' of bilateral investment treaties to otherwise unprotected investors.
Parties to foreign-related contracts have been free to choose which country's law govern their contracts - except where PRC law is mandatory. The new Provisions provide better guidance on deciding the governing law of the contract.
How China is tackling her greatest challenges in IP rights protection: enforceability, the question of who is liable for infringements and local protectionism.