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Dispute digest

Arbitrator selection and old school chums

By Huang Zhuoxin, CIETAC South China Sub-Commission

Requirements, validity of franchise contracts: A case study

By Song Ruyi and Li Tingwei, SHIAC

Determining authenticity on electronically signed contracts

By Zheng Lucai, CIETAC South China Sub-Commission

Recourse right of sureties under contracts in Civil Code

By Cheng Xiao, Beijing Arbitration Commission/Beijing International Arbitration Center

Ensuring arbitration clause validity in signed company contracts

The following arbitration case illustrates this problem, and this article aims to provide its solution

Impact of securities law revisions on China arbitration

The first Securities Law of the PRC come into effect on 1 July 1999, and has since undergone five amendments. The latest revision came into effect on 1 March 2020. It is more striking than all previous revisions, with many highlights.

Factual witnesses in commercial arbitration

In commercial arbitration, the claimant and the respondent shall each provide evidence for the facts on which they apply, reply or counterclaim. Witness testimony often plays an indispensable role in providing facts and restoring the truth of a case

Focus on BAC rules appeal mechanism

A highlight of the BAC investment arbitration rules is that they provide an appeal mechanism under article 46 and appendix E, allowing the parties to appeal by consent

EAP proves a handy tool in uncertain times

The emergency arbitrator procedure (EAP) is a mechanism in the field of international commercial arbitration available to parties seeking interim relief

Adjusting to internet arbitration cases

The oral hearings of arbitration cases in mainland China were cancelled after the spring festival due to social distancing measures to control the COVID-19 pandemic. Since then, arbitration institutions have been seeking an alternative to hear cases while complying with the epidemic prevention policy.

MOST POPULAR

Deals-of-the-Year-2020-Smallvideo

Deals of the year 2020

China-top-lawyers-2020-200 elite lawyers from PRC and foreign law firms

The A-List 2020

The A-List: Who are the elite lawyers being recognised by clients for China-related business?

Rising Stars 2021

CBLJ presents a list of the country’s top up-and-coming legal talent

CORRESPONDENTS

Chinese system basis for opposing ‘anti-suit injunctions’ under English law, 反英国法“禁诉令”的制度依据, Yan Bing and Chen Lei, AnJie Law Firm

Chinese system basis for opposing ‘anti-suit injunctions’ under English law

By Yan Bing and Chen Lei, AnJie Law Firm 
How to meet the challenges in the medical representative 2.0 era, 如何应对医药代表2.0时代的挑战, Calvin Lee, Partner, AllBright Law Offices

How to meet the challenges in the medical representative 2.0 era

By Calvin Lee, AllBright Law Offices 
Protecting pledgee’s interests during a capital_share increase, 股权出质期间的增资扩股,动了质权人的“奶酪”?, Ma Yue and Yuan Yimeng, AnJie Law Firm

Protecting pledgee’s interests during a capital/share increase

By Ma Yue, Yuan Yimeng and Luo Xue, AnJie Law Firm

FEATURES

Action plan, Top inhouse counsel discuss how the pandemic has re-shaped their role, and how they are priming for the challenges that the new year will bring

Action plan

Five top in-house counsel share expectations for the new year, and reveal how they helped steady their company ships during the 2020 storm

In-house-counsel-awards-cover-s

In-house Counsel Awards 2020

China Business Law Journal reveals the country’s leading in-house lawyers and corporate legal teams

Solving the IP puzzle, 破译知产密码

Solving the IP puzzle

The blueprint for China’s top-down intellectual property (IP) reforms includes piecing together major judicial and legislative change, solving problems that have affected enterprises for decades. But do the changes go far enough?

PRACTITIONERS' PERSPECTIVES

Hindrances to data compliance in large enterprises, 数据合规:在大型企业落地的几大难点, Raymond Wang and Alex Luo, Anli Partners

Hindrances to data compliance in large enterprises

By Raymond Wang and Alex Luo, Anli Partners
Applying ‘claims based on specification’ in patent licence litigation, 专利授权确权行政诉讼中,正确适用“权利要求书以说明书为依据”, Liu Lindong, Beijing Gaowo Law Firm

Applying ‘claims based on specification’ in patent licence litigation

By Liu Lindong, Beijing Gaowo Law Firm
Shareholder liabilities in a limited liability company, 有限责任公司股东有限责任突破简述, Zhang Yaxing, Han Kun Law Offices

Shareholder liabilities in a limited liability company

By Zhang Yaxing, Han Kun Law Offices

Lexicon

商法词汇

Law reform

This article discusses the nature and process of law reform in common law jurisdictions, particularly Australia, and in the People’s Republic of China