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Apr 30, 2024 | 
lexology.com | Helen Tang |Weina Ye |Martin Wallace |Nicole Jiang |Anita Lifen Zhao
Most of the leading arbitral institutions in the Mainland PRC experienced strong growth in 2023, according to the most recent statistics.
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Feb 5, 2024 | 
mondaq.com | Gareth Thomas |Rachael Shek |Jojo Fan |Weina Ye
With the Arrangement on Reciprocal Recognition and Enforcement
of Judgments in Civil and Commercial Matters by the Courts of the
Mainland and HKSAR (the "Arrangement")
coming into effective today, a new era in cross-border judicial
cooperation between Mainland China and Hong Kong has begun.
Please see here for our previous blog post discussing the
key features of the Arrangement.
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Jan 29, 2024 | 
lexology.com | Gareth Thomas |Rachael Shek |Jojo Fan |Weina Ye |Peter Ng
With the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and HKSAR (the “Arrangement“) coming into effective today, a new era in cross-border judicial cooperation between Mainland China and Hong Kong has begun. Please see here for our previous blog post discussing the key features of the Arrangement.
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Nov 21, 2023 | 
lexology.com | Helen Tang |Weina Ye |Martin Wallace
The Shanghai International Arbitration Center (“SHIAC”), one of the leading arbitral institutions in the PRC, has launched new rules which will come into effect from 1 January 2024.
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Nov 13, 2023 | 
herbertsmithfreehills.com | Nanda Lau |Peng Lei |Weina Ye |Justina Zhang
In 2024, a significant milestone was achieved with the implementation of the “Regulation on the Implementation of the Law on the Protection of Consumer Rights and Interests” by the Chinese State Council. This is the first administrative regulation supporting the “PRC Consumer Rights Protection Law” since its enactment in 1993.
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Sep 28, 2023 | 
mondaq.com | Antony Crockett |Kathryn Sanger |Weina Ye |Martin Wallace
The PRC has passed a new Foreign State Immunity Law which will
apply the "restrictive" approach to foreign state
immunity with effect from 1 January 2024. As a result, foreign
states will not be granted immunity from suit or execution in the
PRC in respect of commercial activities. The PRC government has
indicated that the same approach should apply in Hong Kong and
Macau (and references in this post to the PRC should be read
accordingly).
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Sep 25, 2023 | 
mondaq.com | Weina Ye |Nicole Jiang
The PRC has passed a new law which will apply the
"restrictive" approach to foreign state immunity with
effect from 1 January 2024. As a result, foreign states will not be
granted immunity from suit or execution in the PRC in respect of
commercial activities. The PRC government has indicated that the
same approach should apply in Hong Kong and Macau.
The Foreign State Immunity Law was adopted by the
Standing Committee of the National People's Congress
("SCNPC") on 1 September 2023.
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Aug 3, 2023 | 
mondaq.com | Hilary Lau |Weina Ye
On 3 July 2023, China's Ministry of Commerce
(MOFCOM) and General Administration of Customs
(GACC) published the Announcement on the
Implementation of Export Control on Gallium and Germanium-related
Items (the Announcement), imposing export
control measures on gallium and germanium-related items (the
Controlled Items) from 1 August 2023. The
Announcement does not ban, but requires exporters to obtain
licenses, for the export of the Controlled Items.
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May 29, 2023 | 
mondaq.com | Weina Ye |Kathryn Ye
In two related decisions, different PRC courts have upheld third
party funding arrangements for arbitration, finding that they were
not prohibited by PRC law or the CIETAC Rules and did not provide
valid grounds to challenge an award. In a third decision, a third
party funding arrangement for litigation was held to be invalid
because it violated public policy.
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Apr 1, 2023 | 
lexology.com | Weina Ye |Peijing Gong
The Beijing Financial Court has recently upheld the validity of an asymmetric (or “unilateral option”) arbitration clause, determining that it did not constitute an impermissible “either arbitration or litigation” clause under the law of the People’s Republic of China (“PRC“).
