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打破“植物人公司”僵局, Getting companies out of limbo

Getting companies out of limbo

By Wu Libei, Dacheng Law Offices
Alarge number of companies exist in a state of limbo. The whereabouts of their personnel may be unknown, the status of their property unclear. They may no longer operate as a going concern, and...

Determining the validity of franchise contracts

By Harry He, AllBright Law Offices
Most franchising-related disputes are disputes over franchise contracts. Among these, conflicts over the validity of franchise contracts are particularly complex. This article attempts to analyse this issue by considering an actual case that occurred...
Determining the measure of damages for patent infringement

Determining the measure of damages for patent infringement

By Wang Yadong and Gao Song, Run Ming Law Office
Once the facts of patent infringement by a defendant have been established, the determination of the measure of damages becomes the key issue. For the plaintiff, the adducement of evidence relating to the measure...
anonymous investment foreign investment

Anonymous investment in foreign investment enterprises

By Yvonne Lu, Martin Hu & Partners
The Supreme People’s Court Several Issues Concerning the Trial of Disputes Involving Foreign Investment Enterprises Regulations (1) were issued in May and implemented on 16 August. This article examines the provisions on anonymous investments in the...
Releasing guarantors from liability

Releasing guarantors from liability

By Xu Dang, Dacheng Law Offices
In disputes over loan and guarantee contracts, there are situations where the guarantor will not be liable due to the invalidity of the guarantee contract. There are also situations where, although the contract is valid,...
arbitral awards effective enforcement

Effective enforcement of arbitral awards

By Charles Pan, Yao Liang Law Offices
Many people who are victorious in arbitration do not receive the awards that have been granted to them, but are faced with difficulties in enforcement. Arbitration, by its nature, is voluntary rather than mandatory....
drafting arbitration cause guide

A practical guide to drafting your arbitration clause

By KK Cheung, Deacons
“In the event of a dispute arising out of the contract, parties should discuss on a friendly basis with a view to settling the dispute amicably. If the dispute cannot be resolved through friendly...
busiest arbitration venue

The world’s busiest arbitration venue

China now conducts more arbitrations than any other country. Yet arbitration remains a difficult area with competing forums, confusing legal rulings and a perception that some awards may not be enforced. George W Russell...
labour disputes

Third judicial interpretation on labour disputes addresses procedural issues

The Supreme People’s Court Several Issues Regarding the Application of Laws to the Hearing of Labour Dispute Cases Interpretation (III) came into effect on 14 September, setting forth detailed provisions that deal with the...
Lexicon

Translating the terms used to describe written law

Just as the Inuit people have many terms for describing different types of snow, the Chinese have many terms for describing the different documents that fall within the category of “written law”. This can be...

Maritime injunctions and pre-injunction hearings

By Li Jun and Yu Feng, LC & Co
The PRC Maritime Litigation Special Procedures Law establishes a maritime injunction system that borrows from Mareva injunctions in the English and US legal systems and saisie conservatoire in the civil law system. A maritime court...
foreign-related trademark licensing issue

Legal issues in foreign-related trademark licensing

By Spring Chang and Frank Liu, Chang Tsi & Partners
The term “foreign-related trademark licensing” refers to the legal act whereby a foreign company licenses use of a trademark that it owns to a company in the PRC. With the growth and internationalization of...

Time dispute arising from a leap year

By Zhang Dong, Dacheng Law Offices
In legal matters, issues concerning time are common. Paradoxically, their very ubiquity may cause the legal risks they present to be overlooked. The author of this column once encountered a loan contract dispute caused...
FIE disputes

First set of judicial interpretations published specifically for FIE disputes

The Supreme People’s Court Several Issues Regarding the Hearing of Disputes Involving Foreign Investment Enterprises Provisions (I) (the Judicial Interpretations) came into effect on 16 August. They were issued primarily to regulate disputes arising...
Tort Law now effective

Tort Law now in force

On 30 June, the Supreme People’s Court issued a notice clarifying certain issues relating to the application of the PRC Tort Law which became effective on 1 July, and the convergence of the Tort...

Judicial role in technical appraisals in patent litigation

By Wang Yadong and Gao Song, Run Ming Law Office
Patent cases are often characterized by complex legal and technical issues. Because of this, it is common for a court to appoint an appraisal agency to conduct a technical appraisal in patent litigation. An appraisal...
defining official acts in corporate settings

Determining an ‘official act’

By Wang Xin, Dacheng Law Offices
With the prosperity that has followed the development of the market economy, employees in many companies may conduct a broad range of activities. It would be neither reasonable nor legally acceptable for companies to...

A transformation: corporate restructuring gains credibility in China

The recent economic climate has led to an increase in both operational and debt restructuring. Both can present difficult challenges to companies and consultants, lenders and lawyers. By Robin Weir Talk to a consultant trying...
中川裕茂_安德森_毛利_友常律师事务所合伙人-Hiroshige-Nakagawa_-partner_-Anderson-Mori-and-Tomotsune

Acquiring Japanese companies: the acquisition agreement

By Hiroshige Nakagawa, Anderson Mori and Tomotsune
In the acquisition of a Japanese company by a foreign party, the negotiation and execution of the acquisition agreements is the most important stage. Common acquisition contracts include share purchase agreements, share subscription agreements,...
Neha Kochhar,Associate,Lall Lahiri & Salhotra Focus keyword:

Doctrine of exhaustion of rights and conditional sale

By Neha Kochhar, Lall Lahiri & Salhotra
Ownership of intellectual property gives its owner certain rights that enable them to use it profitably. As regards copyright protected products, this includes the right to sell or “issue” copies of the work. The...
Giving gifts within the law

Giving gifts within the law

By Wu Wei, King & Wood
Over the past few years, our specialist team of anti-commercial bribery lawyers has advised and acted for more than 50 domestic Chinese and foreign companies in more than 100 cases and projects. In providing...
China Global Financial and Shipping Center

After Expo…

Shanghai is gearing up to offer new funding opportunities. But how close is it to becoming a world-class legal, trading and financial centre? By Robin Weir A month before the World Expo 2010 opened to...
executions and corruptions cases

Are you compliant?

Recent high-profile convictions are only one indication of a major crackdown on corruption. The challenge for domestic and foreign companies, and their advisers, is to establish a culture of corporate compliance George W Russell reports...
Rahul Chaudhry,Partner,Lall Lahiri & Salhotra

Copyright amendments and cinematographic films

By Rahul Chaudhry, Lall Lahiri & Salhotra
We On 29 April, Calcutta High Court refused an interim injunction to Anandji, one part of the famed Bollywood music composer duo Kalyanji-Anandji, against the use of their song Apni Toh Jaise Taise, from...
Ryder

Ryder goes solo again

Rodney Ryder has left Kochhar & Co and launched Scriboard, a full-service corporate law firm with a specialist focus on intellectual property and technology law. Delhi-based Scriboard’s core practice includes intellectual property, media and entertainment,...
credit fraud and enjoinment of payment

Letter of credit fraud and enjoinment of payment

By Weidong Chen and Jessy Wang, LC & Co
Letters of credit (LCs) are one of the most important settlement methods in international trade. Under the principle of independence, the legal relationship connected to a letter of credit is independent of the underlying...
exhibits in administrative lawsuits

Burden of proof and recognition of exhibits in administrative lawsuits

By Wang Yadong and Lu Lei, Run Ming Law Office
On 11 December 2001, China formally entered the World Trade Organization. To satisfy the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights, in the same month it amended the PRC Trademark...
transfer shares

Restriction on transfer of shares invalidated

In the case of Western Maharashtra Development Corporation v Bajaj Auto Limited, Bombay High Court held that section 3A of the Companies Act, 1956, mandates that there can be no restriction whatsoever on the...
Business Law Journal, letter to the editor

Careful consideration required

Dear Madam, The Bar Council of India has proposed the introduction of a bar council examination that law graduates must pass in order to start practising law. The proposal follows a Supreme Court order dated...
孔焕志-Kenneth-Kong-胡光律师事务所资深律师-Senior-and 宋鑫-Gavin-Song-胡光律师事务所律师-Associate-Martin-Hu-&-Partners

China’s anti-commercial bribery legislation and enforcement

By Kenneth Kong, Martin Hu & Partners
In 2008, the State Administration for Industry and Commerce (SAIC) and offices at the local level (AICs) investigated and handled more than 6,000 commercial bribery cases. Although the number of cases investigated in 2009...
Vivek Vashi, Bharucha & Partners

Pre-emptive clauses in public companies void

By Vivek Vashi, Bharucha & Partners
In Western Maharashtra Development Corporation Ltd v Bajaj Auto Ltd, Bombay High Court considered whether a pre-emptive clause incorporated in the articles of association of a public company would be valid and enforceable. On 2...
王亚东-Wang-Yadong-李敏-Li-Min-润明律师事务所-Run-Ming-Law-Office

Collection of evidence in software copyright infringement cases

By Wang Yadong and Li Min, Run Ming Law Office
For computer software copyright holders, substantiating the facts in a civil action involving an infringement dispute is a crucial stage. There are several ways in which evidence may be collected. Obtaining of evidence The evidence that...
夏侯松杰律师-北京市大成律师事务所-Xiahou-Songjie-Dacheng-Law-Offices

Shifting the burden of proof

By Xiahou Songjie, Dacheng Law Offices
In December 2006, the developer of a shopping centre and a lessee entered into a premises lease. The contract specifically provided that the term of the lease would commence on “the date on which...

Exporting safely to the US

Chinese products sold in the United States have been at the centre of some high-profile legal action over safety. China Business Law Journal asked Steven Napolitano, a partner at Skadden Arps Slate Meagher & Flom in...
Beatrice-Schaffrath-and-张大年-Zhang-Danian-贝克•麦坚时律师事务所-Baker-&-McKenzie

Tort Law clarifies environmental liability

By Beatrice Schaffrath and Zhang Danian, Baker & McKenzie
On 26 December 2009, the National People’s Congress passed the PRC Tort Law, which will take effect on 1 July 2010. Chapters eight and nine of the Tort Law specifically address liability for environmentally related...
李锋-Li-Feng-李陈律师事务所合伙人-Partner_-LC-_-Co-removebg-preview 周垠-Steven-Zhou-李陈律师事务所律师-Lawyer_-LC-_-Co-removebg-preview

Judicial rules on the release of goods without a bill of lading

By Li Feng and Steven Zhou, LC & Co.
The Rules of the Supreme People’s Court on Several Issues Regarding the Application of Laws in Hearing Cases Involving the Delivery of Goods Without Original Bills of Lading became effective on 5 March 2009. The rules...
Hong-Kong-arbitration-awards-are-enforceable-nationwide

No more debate: Hong Kong arbitration awards are enforceable nationwide

The Supreme People’s Court has confirmed that arbitration awards made in Hong Kong, whether ad-hoc or by foreign arbitral institutions like the International Chamber of Commerce (ICC), are enforceable in China. In a notification made on...
对中国境内做出的外国裁决承认-和执行“第一案”-Recognition-of-foreign-arbitral-award-may-be-a-first

Recognition of foreign arbitral award may be a first

Acourt in Ningbo, Zhejiang province, has granted enforcement of an International Chamber of Commerce (ICC) arbitration award that was made in China. The decision, made in April by the Ningbo Intermediate Court, appears to...
Issues in civil actions involving well-known trademarks, 涉及驰名商标民事诉讼的几个问题, Wang Yadong and Lu Lei, Run Ming Law Office

Issues in civil actions involving well-known trademarks

By Wang Yadong and Lu Lei, Run Ming Law Office
In 2009 the Supreme People’s Court released two sets of judicial interpretations in succession, the Notice of the Supreme People’s Court on Several Issues Concerning Jurisdiction in Civil Disputes Involving the Recognition of Well-Known...
Patentees tread carefully without implementing regulations, 实施条例尚未出台专利权人谨慎行事

Patentees tread carefully without implementing regulations

The third revision of the PRC Patent Law took effect on 1 October, but implementing regulations only exist in draft form. China Business Law Journal asked lawyers and corporate counsel how the new law...

Khaitan lawyer returns home

Gauri Rasgotra has returned to Khaitan & Co as a partner in its New Delhi office after a two-year break from the firm. Rasgotra originally joined Khaitan in 2004 and headed its litigation practice...
Business Law Journal, letter to the editor

BVI wants India’s business

Dear Madam, I was interested to read your feature on offshore jurisdictions and India (Racing for a place in the sun, IBLJ volume 3, issue 4). While Mauritius entities have hitherto been widely used for inward...
Karnika Seth

Book sheds new light on cyberlaws

A new book outlining the fundamental concepts and key principals of cyberlaw has been released in Delhi. Written by prominent lawyer Karnika Seth and published by Butterworths Lexis Nexis Wadhwa, the book, titled Cyberlaws...
Business Law Journal, letter to the editor

Make India investor friendly

Dear Madam, This is with reference to the Cover story titled Law enforcement published in India Business Law Journal’s July/August 2009 edition. The cover story rightly expresses concern over the enforcement regime and its impact...
India Business Law Journal

Take your seats please

The key players in India’s growth story have returned to the table. The game is on, even though the level of play has yet to match the dizzy heights of years gone by As this...

New tax plans raise corporate hackles

Serious concerns have been raised over proposals for a new tax code in India. The plans put forward by the Ministry of Finance will drastically alter the current tax regime, which has been largely...

The perils of patent outsourcing

Innovators and law firms that outsource their patent drafting to India risk falling foul of US export regulations. Peter Ludwig explains In recent years, legal process outsourcers (LPOs) have become an integral part of the global...

Survival of the fittest

George W Russell investigates how Indian law firms are faring in the economic downturn India is bracing itself for a tough year. For the past few months, both the government and private sector had expected...

Harvard students take India lessons

The significance of India as a destination for international lawyers has been highlighted by the decision of Harvard Law School to send a group of 10 students to attend internship programmes at Mumbai law...

New deal for senior judges

The Indian government has approved significant pay rises for the country’s senior judges, who by international standards are poorly remunerated. At the same time, India’s law minister, HR Bhardwaj, has called for new guidelines...

Down but not out

Despite the financial turmoil, New York shines as an international centre for India legal work. Leading lawyers talk to India Business Law Journal about the Big Apple’s challenge to London’s preeminence By Ben Frumin in New York The...
Google anonymous blog

Anonymous blog spells trouble for Google

Internet giant Google is facing a defamation lawsuit in India over its anonymous blogging service. Google’s blogger.com is a website that allows individuals to create blogs without publicly revealing their identities. In the defamation case before...
David Jacobs, Baker & McKenzie

Breaking down walls

Foreign law firms will develop, not devour, local talent in the Indian legal market, argues David Jacobs, Baker & McKenzie’s Asia Pacific chairman During the same 1947 summer that India celebrated its independence from Britain, a 46-year-old...
India Corruption

Ex-chief justice in corruption probe

The cloud of corruption hanging over India’s judicial system blackened in June when the Central Vigilance Commission (CVC) called on the government to take action against a former chief justice of India. The government’s anti-corruption...
climate-change-global-warming-pollution-india

Opportunity in the face of adversity

Despite the carbon credits euphoria, climate change remains a serious threat to businesses in India For Indian corporations, carbon credits have been an unexpected silver lining around the cloud of greenhouse gases that has brought...
carbon-redits-corporate-lawyer-global-trade-regulation-uncertain-law-firms

Chasing the green dollar

The global trade in carbon credits is growing rapidly. Despite complex and uncertain regulations, Indian companies, assisted by local and international law firms, have been fast to cash in on the opportunity. Raghavendra Verma...
scrabble game

Kolkata brothers face lawsuit over internet game

Two brothers from Kolkata could face a lawsuit over a wildly popular internet game they created. Scrabulous has become the most popular game on Facebook.com and is played by millions of web users. Like Scrabble,...
Corruption

Corruption hurting the environment, lawyers warn

Lawyers at a United Nation’s conference warned that corruption and a lack of political will are seriously hampering efforts to protect the environment in the Asia-Pacific region. Although India and Australia, along with a few...
What's the deal offshore

Island hopping to India

Choosing the best offshore centre for India-bound investment requires careful consideration of the risks and financial rewards. Nandan Nelivigi and Brendan McNallen compare the attractions of Mauritius, Cyprus and Singapore Foreign direct investment into India...
arbitration network global tender

Consortium opposes global tender

A decision by the government in Jammu and Kashmir to float global tenders for work on the 1200 MW Sawlakote power project led to a court battle in mid-October. A writ petition compiled by a...

Indian firms may be allowed to advertise

The Bar Council of India in September proposed changes to a long-running policy banning law firms and lawyers from advertising. In a petition hearing before the Apex court of Justices BN Aggarwal, SH Kapadia and...

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