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Dispute digest

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.

COVID-19’s impact on international trade contracts

Under PRC law, the impact of the COVID-19 pandemic on contract performance involves two regimes: force majeure and rebus sic stantibus (change of circumstances).

Can video links in arbitration hearings help in a pandemic?

Many arbitration cases have been paused due to social distancing measures, which are widely regarded as the key to fighting the ongoing COVID-19 pandemic.

‘Transplant’ of the arbitration agreement

Is the arbitration agreement entitled to be “transplanted”? And would the transplanted one still be recognized as an effective arbitration agreement?

Fiduciary duty in asset management transactions

The legal relationship between a client and a manager in asset management transactions should be dealt with under the analytical framework of the fiduciary duty.

Managing multijurisdictional investigations involving China

As business operations are increasingly cross-border, compliance and investigation functions have to evolve for multijurisdictional challenges.

Shifting landscape of international arbitration in China

This article tries to debrief the developments of its international cases in the past five years and to demonstrate the landscape changes of international arbitration practice in China

The Mainland-HK arrangement: HKIAC practice and experience

By Hong Kong International Arbitration Centre

Terms of reference: Theory and practice

By Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC)

Arbitration interim measures: Mainland-HK co-ordination (part 2)

By China International Economic and Trade Arbitration Commission

MOST POPULAR

law firms

China Business Law Awards 2020

We launched the “Golden League” award this year to reflect the market situation, and to encourage the firms on the list, and their peers, to improve their overall quality and level of service

Rising-stars-China-young-elite-lawyers (2)

Rising stars: China’s young elite lawyers 2020

After extensive editorial research, China Business Law Journal has compiled a list of China's young elite lawyers. Charlie Wu reports

China Deals of the Year 2020

Deals of the year 2019

CBLJ selects outstanding China-related deals and cases in 2019

CORRESPONDENTS

Focus on what constitutes a guaranteed redemption, 信托公司承诺以固定价格受让信托受益权是否构成刚兑?, Li Xinqian and Ren Guobing, Jingtian & Gongcheng

Focus on what constitutes a guaranteed redemption

By Li Xinqian and Ren Guobing, Jingtian & Gongcheng
US compensation liability system for nuclear damage, 美国核损害赔偿责任制度初探, Wang Jihong and Wu Peng

US compensation liability system for nuclear damage

By Wang Jihong and Wu Peng, Zhong Lun Law Firm
Important matters in trademark trading and transfer, Claire Zhao, Sanyou Intellectual Property Agency

Important matters in trademark trading and transfer

By Claire Zhao, Sanyou Intellectual Property Agency

FEATURES

Finding-middle-groundvideo

Finding middle ground

Singapore Mediation Centre chief Ban Jiun Ean offers his insights

IP profit v human loss, 保障公共健康和保护知识产权的权衡_

IP profit v human loss

With covid-19 vaccines rolling out, the question of compulsory licensing weighs up IPR profit and protection against public health and access

Peaking on tech, 攀峰科技

Peaking on tech

Southwest China’s high-tech bet draws national law firms

PRACTITIONERS' PERSPECTIVES

Changes in draft Personal Information Protection Law, Kevin Duan, Han Kun Law Offices

Changes in draft Personal Information Protection Law

By Kevin Duan, Han Kun Law Offices
Analysis of procuratorial supervision over civil case execution, Xuyu and Zhou Fan, Hylands Law Firm

Analysis of procuratorial supervision over civil case execution

By Xuyu and Zhou Fan, Hylands Law Firm
_Chabra_ relief in the BVI – freezing the assets of a person who is not a substantive defendant, Jeremy Lightfoot and Richard Brown, Carey Olsen

BVI’s Chabra relief: Extending the ring-fence of freezable assets

By Jeremy Lightfoot and Richard Brown, Carey Olsen

Lexicon

商法词汇

Illegal purpose