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
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
A new cash-pooling system allows multinational corporations to centralise their foreign exchange funds and eases flow between their onshore and offshore accounts. But quantitative control remains and the full potential of the system is yet to be realised
The growing use of acquisition finance by the private equity industry has led to increasingly complex structures. But regulations make it difficult to provide lenders security and move onshore funds offshore
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
Many 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?
Strategies include undertaking a full risk assessment, conducting comprehensive due diligence, establishing adequate contractual protections, developing proper monitoring procedures and designing and implementing a thorough compliance system
Strategies include undertaking a full risk assessment, conducting comprehensive due diligence, establishing adequate contractual protections, developing proper monitoring procedures and designing and implementing a thorough compliance system
The 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
Michael Cheng of the Asian Corporate Governance Association discusses the developments in corporate governance in China and shares his experiences talking to companies and regulators