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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

Illegal purpose

Restatements

Anti-dumping

The notion of justice

Video evidence

What are the rules governing the giving of evidence by video link in civil proceedings

Pandemics

The contractual impact of pandemics on corporate and financial transactions

Stolen goods

This article examines and compares the treatment of stolen goods in common law jurisdictions and in mainland China

Culture in the courtroom

The process of assessing demeanour can be difficult for a judge when the witness is from a different culture

Copyright and judicial proceedings

Is copyright infringed if documents are copied for the purposes of judicial proceedings?

Chinese legal pioneers

A tribute to Chinese legal pioneers in common law jurisdictions

Singapore convention on mediation

Cross-border settlement can be directly enforced in the courts of signatories

Wigs and robes

The practices concerning court dress in common law jurisdictions and China

Transactional lawyering

Law schools and law firms have increasingly focused on transactional lawyers

BRI and China’s International Commercial Courts

Some comparisons can be made between the old silk road and modern Belt and Road Initiative

Commissions of inquiry

The role and powers of commissions of inquiry

Expert Evidence

The role of expert evidence and compares the position

Corporate counsel

The past thirty years or so has seen a trend towards an increase in the size and sophistication of legal departments within large companies.

Amicus Curiae

The role and purpose of an amicus curiae in common law jurisdictions, civil law jurisdictions and areas of international law

Summary judgment

Invalidity

Written amendments

Judicial mediation

Judicial mediation in civil law and common law jurisdictions

Discovery

Evidence collection in common law jurisdictions and in China

Document destruction

When can lawyers or their clients destroy documents that relate to judicial proceedings

Confidentiality

What is the legal source of the duty of confidentiality and what are its boundaries

Choice of court

In some jurisdiction, it is very difficult to enforce a court judgment

Bank resolution

The concept of bank resolution and why it has become a key focus of attention

State immunity

The doctrine of state immunity and how it is interpreted

International commercial courts

The article discusses the emergence of international commercial courts around the world

Cryptocurrencies

This article discusses digital currencies and the Chinese ban

Contempt of court

Custom and law

Islamic finance

Subrogation

Limitation periods

Escrow

The article examines the use of an escrow account to reduce risks in corporate M&As

Syndicated lending

Penalty clauses

MAC clauses

Exclusion clause cases

Cocounsel

Backdating documents

Non-compete clauses

Virtual signings

Secondments

Consideration

Bankrupt or insolvent?

Privilege

Without prejudice

Negotiate

Joint and several

May and may not

Company or enterprise?

Terms and conditions

Amend or modify?

Law or equity?

LOI or MOU?

By Andrew Godwin

Binding or persuasive?

By Andrew Godwin

Duty or obligation?

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

New policy for verification on shareholders of domestic IPOs, 浅议境内首发上市企业股东核查新政, Wang Yan and Zhou Jian, Grandway Law Offices

New policy for verification on shareholders of domestic IPOs

By Wang Yan and Zhou Jian, Grandway Law Offices
Key changes to regulations on sale of WMPs, 理财产品销售新规重点变化, Ren Guobing and Wang Jin, Jingtian & Gongcheng

Key changes to regulations on sale of WMPs

By Ren Guobing and Wang Jin, Jingtian & Gongcheng
Investor nationality planning in international investment arbitration, 国际投资仲裁中的投资人国籍筹划, Wang Jihong and Liu Ying, Zhong Lun Law Firm

Investor nationality planning in international investment arbitration

By Wang Jihong and Liu Ying, Zhong Lun Law Firm

FEATURES

Chinese-capital-markets-IPO-Star-Market-bullish-003

Star struck

Through rolling reforms including the stellar success of the Star Market, mainland capital markets are soaring skyward, even as the trend of US IPOs maintains momentum. So, what is the right listing location for your company?

Continual vigilance, 持续警惕

Continual vigilance

Controlling legal risk goes beyond the legal department, and in-house counsel need a pragmatic approach, without letting perfection be the enemy of progress. Prominent counsel Peter Zhang offers advice from his decades of experience 

PRACTITIONERS' PERSPECTIVES

Key points for tech companies checking anti-monopoly compliance, 科技企业反垄断合规自查要点, Ye Han, Merits & Tree Law Officesvideo

Key points for tech companies checking anti-monopoly compliance

By Ye Han, Merits & Tree Law Offices
Two major defences in patent infringement cases, 专利侵权案件中的两种抗辩的适用, Chen Jianmin, Gaowo IP Law Firm

Two major defences in patent infringement cases

By Chen Jianmin, Gaowo IP Law Firm
Interpreting anti-monopoly guidelines for internet industry, 互联网平台经济领域反垄断指南解读

Interpreting anti-monopoly guidelines for internet industry

By Zhan Hao, Song Ying and Zhu Libo, AnJie Law Firm