China Justice Observer
Time 2022-10-17 13:29:06Web Name: China Justice Observer
WebSite: http://www.chinajusticeobserver.com
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China Justice Observer
中司观察
Application of CISG in Arbitration in China: A Case Study with CIETAC
A study on how the CISG is applied by CIETAC sheds light on the ins and outs of its application in arbitration in China.
August 2022 Update: List of China’s Cases on Recognition of Foreign Judgments
On 21 August 2022, China Justice Observer released the 2022 version of the List of China’s Cases on Recognition of Foreign Judgments. To date, we have collected 89 cases involving China and 24 foreign States and regions.
Respond to China’s Litigation Explosion: 2021 Amendment to Civil Procedure Law
China’s newly amended Civil Procedure Law aims to reduce the caseload and simplify the litigation procedure by, among others, promoting online litigation and supporting mediation.
About CJO
China Justice Observer (CJO) is committed to presenting the Chinese judicial system.
Founders
Meng Yu 余萌Sponsor
Academy for the Rule of Law at China University of Political Science and Law
中国政法大学全面依法治国研究院
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Are Directorship Agreements Arbitrable in China?
No, the agreement, at least the part relating to the organizational structure and internal governance matters, may not be arbitrable, says Beijing Second Intermediate People's Court in Tang v. Beijing XX Decoration Technology Company (2019).
Seen From a German Perspective – The Chinese Foreign Investment Law
German investors benefit from the new Chinese Foreign Investment Law.
Deepen Interregional Judicial Assistance, Uphold and Improve the “One Country, Two Systems” Principle - Comments on the Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR
The Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong SAR (2020) provides detailed interpretation on reciprocal enforcement of arbitral awards, and further refines the interregional judicial assistance system.
Featured Topics
Breakthrough for Collecting Judgments in China Series Guide to China's Civil Evidence Rules China Legal Research Guide Civil litigation in China 101 China's Supreme People's Court Evidence in Civil Proceedings in China China Laws Portal Recognition and Enforcement of Foreign Judgments in China China International Commercial Court Internet courts in China Chinese Courts Recognizing and Enforcing Foreign Arbitral Awards in China Voice of Chinese Judges China's Justice under Belt and Road Initiative People's ProcuratorateChina Legal Trends
View AllInternet Pop-up Push Services Require License in China
In September 2022, China issued the “Administrative Provisions on Internet Pop-Up Information Push Service”, which clarifies that companies without licenses shall not push the news through pop-up windows.
Shenzhen’s Foreign, Hong Kong, Macao, and Taiwan-Related Family Court Holds Its First Hearing
In August 2022, the Shenzhen Family Trial Center Involving Hong Kong-Macao-Taiwan and Foreign Factors established in this July held its first hearing of a cross-border family law dispute.
China Releases 50th Statistical Report on Domestic Internet Development
In August 2022, China Internet Network Information Center released the 50th “Statistical Report on China’s Internet Development” in Beijing, which shows that Chinese netizens had hit 1.051 billion and the Internet penetration rate had reached 74.4% by June 2022.
China Revises Criminal Procedure Rules on Cybercrimes
In August 2022, China issued the “Opinions on Several Issues Concerning the Application of Criminal Procedures in Handling Information Network Crime”, which revises several criminal procedure rules related to information network crime based on the “Opinions on Several Issues Concerning the Application of Criminal Procedures in Handling Cybercrimes” in 2014.
China Law in One Minute
View AllWhat Happens to a Chinese Enterprise if It Goes Bankruptcy?-CTD 101 Series
It will lose control over its assets and management, and will no longer be able to pay off any particular debt independently.
A Chinese Company Asks You to Pay to Its Bank Account outside China? It May Be a Scam-CTD 101 Series
Because it might deny afterward that it was its account, and thus that it received your payment.
Will Foreign Judgments Not Be Enforced in China Due to Public Policy?-CTD 101 Series
Chinese courts will not recognize and enforce a foreign judgment if it is found that the foreign judgment violates basic principles of Chinese law or violates the public interest of China, no matter whether it reviews the application in accordance with the conditions set by the international or bilateral treaties, or on the basis of reciprocity.
Can Judgments From My Country Be Enforced in China?-CTD 101 Series
The judgments of most of China’s major trading partners, including almost all common law countries as well as most civil law countries, can be enforceable in China.
Insight: China Justice
View AllApplication of CISG in Arbitration in China: A Case Study with CIETAC
A study on how the CISG is applied by CIETAC sheds light on the ins and outs of its application in arbitration in China.
Application of the CISG by Chinese Courts
A recent study on the Application of the United Nations Convention on Contracts for the International Sale of Goods in Chinese Courts provides a perspective into how Chinese courts apply and interpret the CISG.
Foreign Law Firms in China over Last Thirty Years
Foreign law firms started to explore China’s legal market in 1992. After a 12-year rapid growth period started in 2002, they gradually declined from their peak in 2014.
Cross-border E-commerce Dispute Resolution in the Eyes of Chinese Courts
The booming cross-border e-commerce in China has resulted in a concomitant rise in cross-border disputes among Chinese exporters, Chinese e-commerce platforms, overseas consumers, and overseas e-commerce platforms. Judges of Hangzhou Internet Court shared their reflections on the trial of cross-border e-commerce cases.
Insight: China Legislation
View AllBehind China’s First Personal Bankruptcy Case
In 2021, Shenzhen Intermediate People’s Court granted Mr. Liang’s application for personal bankruptcy reorganization, marking the first of its kind in China.
How Does China Address Platform Accountability in Algorithmic Decision-Making?
China's Personal Information Protection Law (个人信息保护法), enacted in August 2021, draws the boundaries for Internet platforms conducting automated decision-making through algorithms.
What Does China’s Legal Aid Law Say?
What is the duty lawyer? Who will serve as legal aid personnel? What kind of legal services can be provided? Here’s key questions to be answered to get to know China’s Legal Aid Law.
People's Assessor Law of China (2018)
People’s Assessors Law of the People’s Republic of China was promulgated on 27 Apr. 2018, and entered into force on the same date.
Latest Articles
View AllInternet Pop-up Push Services Require License in China
Mon, 17 Oct 2022 China Legal Trends CJO Staff Contributors Team
In September 2022, China issued the “Administrative Provisions on Internet Pop-Up Information Push Service”, which clarifies that companies without licenses shall not push the news through pop-up windows.
Application of CISG in Arbitration in China: A Case Study with CIETAC
Sun, 16 Oct 2022 Insights Meng Yu 余萌
A study on how the CISG is applied by CIETAC sheds light on the ins and outs of its application in arbitration in China.
What Happens to a Chinese Enterprise if It Goes Bankruptcy?-CTD 101 Series
Thu, 13 Oct 2022 China Law in One Minute Meng Yu 余萌
It will lose control over its assets and management, and will no longer be able to pay off any particular debt independently.
A Chinese Company Asks You to Pay to Its Bank Account outside China? It May Be a Scam-CTD 101 Series
Thu, 13 Oct 2022 China Law in One Minute Meng Yu 余萌
Because it might deny afterward that it was its account, and thus that it received your payment.
Will Foreign Judgments Not Be Enforced in China Due to Public Policy?-CTD 101 Series
Thu, 13 Oct 2022 China Legal Trends CJO Staff Contributors Team
Chinese courts will not recognize and enforce a foreign judgment if it is found that the foreign judgment violates basic principles of Chinese law or violates the public interest of China, no matter whether it reviews the application in accordance with the conditions set by the international or bilateral treaties, or on the basis of reciprocity.
Shenzhen’s Foreign, Hong Kong, Macao, and Taiwan-Related Family Court Holds Its First Hearing
Mon, 10 Oct 2022 China Legal Trends CJO Staff Contributors Team
In August 2022, the Shenzhen Family Trial Center Involving Hong Kong-Macao-Taiwan and Foreign Factors established in this July held its first hearing of a cross-border family law dispute.
China Releases 50th Statistical Report on Domestic Internet Development
Mon, 10 Oct 2022 China Legal Trends CJO Staff Contributors Team
In August 2022, China Internet Network Information Center released the 50th “Statistical Report on China’s Internet Development” in Beijing, which shows that Chinese netizens had hit 1.051 billion and the Internet penetration rate had reached 74.4% by June 2022.
China Revises Criminal Procedure Rules on Cybercrimes
Mon, 10 Oct 2022 China Legal Trends CJO Staff Contributors Team
In August 2022, China issued the “Opinions on Several Issues Concerning the Application of Criminal Procedures in Handling Information Network Crime”, which revises several criminal procedure rules related to information network crime based on the “Opinions on Several Issues Concerning the Application of Criminal Procedures in Handling Cybercrimes” in 2014.
China’s First Public Interest Lawsuit on Cultural Heritage Protection Ruled
Mon, 10 Oct 2022 China Legal Trends CJO Staff Contributors Team
In August 2022, a Chinese court rendered the first-instance judgment on China’s first public interest lawsuit involving movable cultural relics protection, requiring the defendant to bear the costs of cultural relics restoration and to apologize in the national media.
Application of the CISG by Chinese Courts
Sun, 09 Oct 2022 Insights Meng Yu 余萌
A recent study on the Application of the United Nations Convention on Contracts for the International Sale of Goods in Chinese Courts provides a perspective into how Chinese courts apply and interpret the CISG.
Can Judgments From My Country Be Enforced in China?-CTD 101 Series
Thu, 06 Oct 2022 China Law in One Minute Meng Yu 余萌
The judgments of most of China’s major trading partners, including almost all common law countries as well as most civil law countries, can be enforceable in China.
Want to Sue a Chinese Company? Do You Have a Contract under Seal?-CTD 101 Series
Thu, 06 Oct 2022 China Law in One Minute Meng Yu 余萌
If you don’t have a contract with the seal of this Chinese company, this Chinese company may deny having transacted with you.
How Do Chinese Courts Examine Bankruptcy Applications?-CTD 101 Series
Thu, 06 Oct 2022 China Law in One Minute Meng Yu 余萌
The examination procedure of the court for accepting bankruptcy cases can be summarized into four stages: applying for bankruptcy, conducting a formal examination, accepting the application, and accepting the bankruptcy case.
China Revises Law on Quality and Safety of Agricultural Products
Mon, 03 Oct 2022 China Legal Trends CJO Staff Contributors Team
In September 2022, China revised the Law on Quality and Safety of Agricultural Products for the third time since its promulgation in 2006. The latest revision will come into force on 1 Jan. 2023.
China Enacts New Law to Tackle Domestic and Foreign Telecom and Online Fraud
Mon, 03 Oct 2022 China Legal Trends CJO Staff Contributors Team
China’s first law against telecom and online fraud, the Anti-Telecom and Online Fraud Law, which was adopted in September 2022, will come into force on 1 Dec.
China and U.S. Sign Audit Oversight Cooperation Agreement
Mon, 03 Oct 2022 China Legal Trends CJO Staff Contributors Team
In August 2022, relevant authorities in China and the U.S. signed an audit oversight cooperation agreement, taking a big step in China-U.S. cooperation on cross-border audit oversight of Chinese companies listed in the U.S.
Beijing Court Issues Handbook for Litigants in Software Copyright Disputes
Mon, 03 Oct 2022 China Legal Trends CJO Staff Contributors Team
In August 2022, the Beijing Intellectual Property Court issued the “Handbook for Evidence Presentation of Parties in Civil Cases Involving Computer Software Copyright” in both Chinese and English editions.
Foreign Law Firms in China over Last Thirty Years
Sun, 02 Oct 2022 Insights Guodong Du 杜国栋
Foreign law firms started to explore China’s legal market in 1992. After a 12-year rapid growth period started in 2002, they gradually declined from their peak in 2014.
2022 Guide to Enforce South Korean Judgments in China-CTD 101 Series
Fri, 30 Sep 2022 China Law in One Minute Meng Yu 余萌
Can I sue Chinese companies in South Korea and then enforce a South Korean judgment in China?
Why You Need to Know Chinese Supplier’s Legal Name in Chinese?-CTD 101 Series
Fri, 30 Sep 2022 China Law in One Minute Meng Yu 余萌
Due to linguistic specificities of the Chinese language, different companies’ names in Chinese, according to their pronunciation, may be spelled exactly the same in English. It will be difficult for you to make a claim or collect a debt.
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