Dispute Resolution

• Beijing Arbitration Commission, Administration of Employment of Arbitrators Procedures (Revised)

  北京仲裁委员会仲裁员聘用管理办法 (修订)

  The Procedures raises the employment criteria for arbitrators.

  June 02, 2004

• Beijing Arbitration Commission, Arbitrators Code of Conduct (3rd Revision)

  北京仲裁委员会仲裁员守则(第三次修订)

  Adopted: September 16 2003Effective: March 1 2004Main content: It is now stipulated that arbitrators are not allowed to act as a representative in any…

  June 02, 2004

• Supreme People's Court, Transmission of the «Ministry of Land and Resources, Issues Relevant to State-owned Allocated Leasehold Mortgage Registration Circular» Circular

  最高人民法院关于转发国土资源部《关于国有划拨土地使用权抵押登记有关问题的通知》的通知

  Issued: March 23 2004Main contents: According to the Ministry of Land and Resources, Issues Relevant to State-owned Allocated Leasehold Mortgage Registration…

  June 02, 2004

• Trademark Office of the State Administration for Industry and Commerce, How Administrative Legal Liability of an Infringer shall be Pursued after Consultation and Resolution between the Parties Official Reply

  国家工商行政管理总局商标局关于当事人协商解决后如何追究侵权人行政法律责任的批复

  The SAIC retains authority to pursue administrative legal liability even after settlement of the trademark dispute, if the infringement is injurious to public or consumer interests.

  May 02, 2004

• From Rmb42 Million to Nothing: What Lessons Can We Learn from JV Disputes?

  Joint venture disputes are a fact of life in China. But they can be avoided with some careful planning to structure the joint venture contract to account for the common pitfalls in doing business in China.

  March 31, 2004

• Trademark Infringement and Unfair Competition Case Study: Toyota Motors vs. Zhejiang Geely

  The recent trademark case involving Toyota and a domestic auto manufacturer was widely seen as a test case of the strength of intellectual property law in China. Here one of the participants in the case gives an assessment of the court's decision.

  November 30, 2003

• Piercing the Corporate Veil: SPC Provisions Offer Hope for Creditors in Enterprise Restructuring

  State enterprise reform is an urgent issue facing the Chinese government. Among the important legislation issued in 2003 in this area are provisions from the Supreme People's Court that govern disputes involving enterprise restructuring.

  October 31, 2003

• Notes on Maritime Law: Debates on Delivery without Production of the Original Straight Bill of Lading

  Chinese maritime law and legal practice are gradually coming into conformity with international practice. However one key area that remains unclear is the legal status of the straight bill of lading.

  October 02, 2003

• The New SPC Regulations on the Hearing of Futures Disputes: Striking a Better Balance

  New SPC rules on disputes over futures trading focus on the primacy of contractual issues, and form a counterpoint to legislation that traditionally has focused on regulating the futures industry at the macro-level.

  September 02, 2003

• Updating IP: Shanghai Addresses its own Intellectual Property Concerns

  Courts in China have been taking the lead in interpreting China's intellectual property laws so as to meet international standards. Shanghai Municipality has recently made its own contribution with an Opinion on strengthening IP rights in foreign businesses.

  July 02, 2003