Dispute Resolution

• 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

• CIETAC Opens Doors to Financial Arbitration

  Parties seeking to resolve disputes in China have a choice of arbitration institutions in an increasingly competitive environment. China's best-known arbitration commission has issued new rules to expedite the resolution of financial disputes, which it hopes can keep it ahead of the competition.

  July 02, 2003

• Anti-dumping and Safeguards with Chinese Characteristics

  By Mitch Dudek, Alex Wang & Chenbo Zhang, Jones Day, ShanghaiSince 1979, Chinese products have been the subject of more than 300 anti-dumping investigations…

  July 02, 2003

• Clearing up the Law: China's New Judicial Interpretation on the Sale of Commercial Premises

  China's fast-growing real estate sector is regulated by a confusing patchwork of laws, and disputes have been on the rise. The Supreme People's Court has issued a new Interpretation that brings some welcome clarity to real estate sales and purchase contracts.

  June 02, 2003

• China International Economic and Trade Arbitration Commission, Financial Disputes Arbitration Rules

  中国国际经济贸易仲裁委员会金融争议仲裁规则

  Adopted: April 4 2003Effective: May 8 2003Interpreting authority: China International Economic and Trade Arbitration CommissionApplicability: The Rules…

  May 02, 2003