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Tag: Civil code

Company Law amendments: highlights and shortcomings

By Wu Dong and Wang Zhengqian, Hui Ye Law Firm

Retroactive voiding of VAM clauses in IPO process

By Li Ling and Wu Jinfeng, Grandway Law Offices

Arbitration of disputes over non-monetary debt contracts

Disputes arising from non-monetary debt contracts present unique challenges that require careful consideration from arbitrators

Excluding frozen dividends and bonuses from debt enforcement

By Chen Zhuo and Yin Yutong, Tian Yuan Law Firm

Equity transfers under revised company law

By Jenny Gu, Brightstone Lawyers

Application of deposit penalty rule

Practice and advice show courts are respecting the choices of contract parties when it comes to deposits – as long as there is a clear agreement on what the deposit is for

Rulings on claim for partial rescission of a contract

As a special form of commercial contract termination, partial rescission is a legal tool to protect the legitimate rights and interests of parties

Reorganisation: Solving conflict between equity transfer and pledge

By LIANYUE LAW FIRM

Resolving conflict between equity transfer and pledge in reorganisation proceedings in China

Commercialisation of personality rights and how to protect them

By Huang Xiaoyuan and Zhou Keyu, Lianggao Law Firm

Case studies: legal liability, remedies for online violence

By Zhu Tao and Zheng Ziliang, ETR Law Firm

Why MCN agencies lose influencer contract

By Fang Zhifu, W&H Law Firm

A regional comparison of real estate markets: Japan

By Hiroshi Niinomi, Koki Hara, and Naoto Yamamoto, Nishimura & Asahi

Jurisdictional issues in factoring contract disputes

By Hua Ping, Anli Partners

Positives of target company equity buybacks

By Guo Baosheng, Liang Gao Law Firm

Data compliance in domestic listings

By Wang Yan and Fu Mengyang, Grandway Law Offices 

Establishing business in Kazakhstan through LLP (Part 1)

By Wang Jihong and Liu Ying, Zhong Lun Law Firm

A greater good

Law firms across Asia are putting profits aside to focus on pro bono work, community engagement, sustainability and staff welfare

Arbitrating cross-border e-commerce disputes

Cross-border e-commerce and the platform economy are rapidly developing as new forms of international trade

Distinguishing joint assumption of debt and guaranty in arbitration

To achieve the maximum protection for creditors’ interests in commercial transactions, it is common for a third party to assume liability for the debt

A new pathway to data protection

By Kevin Duan and Jiang Hainan, Han Kun Law Offices

Selling NPAs: practices and systems for the financial sector

By Yao Xiaomin and Xue Yuan, Lantai Partners

Wills

This column explores the topic of wills from a historical and comparative perspective

Financial leasing through gratuitous transfers of assets

By Xu Rundong, AnJie & Broad Law Firm

Legal risks and strategies for ending a tenancy early

By Zhu Tao and Zhang Zhuo, ETR Law Firm

Rules of judgment determining cross-border guarantee disputes

This case illustrates legal issues of cross-border guarantee, explaining how the SHIAC applied extraterritorial law, namely Hong Kong law, and interpreted multiple contracts

Amendments reinforce protection of women’s rights

The newly amended Law on the Protection of the Rights and Interests of Women, adopted by the Standing Committee of the 13th National People’s Congress on 30 October 2022, came into effect on 1 January 2023

Comparing head office and branches on arbitration agreement validity

This article analyses whether such an arbitration strategy is valid in terms of contract relativity

How enterprises should conduct HR compliance self-inspection

By Tracy Liu and Larry Lian, Jingtian & Gongcheng

Crisis innovation

Small wonder that the past couple of years have spawned an exciting amount of tech-related reform in China’s courts and arbitration institutions

Risks, dispute points with pledging special movable property

By Yao Xiaomin and Sun Yangyang, Lantai Partners

Effective resolution of online gaming-related disputes

Online gaming features highly complex trading conundrums involving the legal protection of rare virtual assets

When marriages fail, validity of family trusts can be tested

By Ouyang Fangfei and Zheng Chunjie, Merits & Tree Law Offices

An update of NFT law developments

The past year saw crypto art break through to the mainstream, and many lawsuits involving non-fungible tokens making headlines. How are the region’s regulators responding?

An update of NFT law developments: Taiwan

By Abe Sung and Eddie Hsiung, Lee and Li

Joint tortfeasance: Penetrating layers of nested legal relationships

By Chen Zhuo and Yin Yutong, Tian Yuan Law Firm

Are you available?

Under China’s new data regulatory framework, how should companies use publicly available personal information in a compliant manner?

Tips for safely navigating international air services disputes

The special clause for institutional arbitration between the parties should prevail over the general clause in the Master Agreement

Unpacking the pitfalls of bulk commodity pledges

By Yao Xiaomin and Wang Yumo, Lantai Partners

Protecting the rights of ‘new form’ labourers in Guangdong

By Shaw Zhao and Mia Wang, Jingtian & Gongcheng

New directions in handling of securities misrepresentations

By He Chunyan and Deng Xiaoming, Han Kun Law Office

Rescinding termination agreement due to material misunderstanding

By Xie Yang and Han Ying, Zhilin Law Firm

Validity of arbitration agreements under designated agents

The validity of arbitration agreements involving persons without, or with limited, civil capacity, are becoming an increasing focus of arbitration institutions and tribunals

Liability for securities intermediaries under new interpretations

By Eric Liu and Deng Xiaoming, Han Kun Law Offices

Compliance for facial recognition in financial e-contract signing

By Yao Xiaomin and Zhang Xiaoke, Lantai Partners

Invalidity of contracts for violating ‘public order and good morals’

By Chen Zhuo and Yin Yutong, Tian Yuan Law Firm

Determination of violation of “public order and good morals” leading to contract invalidity is a frequent point of contention

In-house Counsel Awards revealed

After months of intensive surveys, we reveal the winners of our In-house Counsel Awards 2021-22

Application of service trusts in distressed real estate

By Deng Weifang and Yu Jiahao, Merits & Tree Law Offices

Transfer by agreement in share repurchase of state-owned assets

By Chen Zhuo and Zheng Yeye, Tian Yuan Law Firm

Employer compliance governance in workplace sexual harassment

By Tracy Liu and Larry Lian, Jingtian & Gongcheng

Common IP issues in healthcare civil disputes

By Chen Guo and Wu Xiaoxue, Jingtian & Gongcheng

Investor suitability in proxy sales of wealth management products

By Ren Guobing and Wu Nan, Jingtian & Gongcheng

Changing M&A regulations in supply chain finance

By Mark Wang, East & Concord Partners

Compliance of listed companies with new regulations on external security

By Yao Xiaomin and Wang Yumo, Lantai Partners

Highlights of 2022 amendments to Civil Procedure Law

By Zhang Guanglei and Zhang Jinhui, Jingtian & Gongcheng

Personal information protection in internal corporate probes

By Leo Yu and Diana Duan, Jingtian & Gongcheng

Can covid-19 exempt developers from liability for late deliveries?

By Lei Zhirong and Carol Chan, ETR Law Firm

Corporate criminal compliance in new data security environment

By Ekin Zeng and Chen Yitao, AllBright Law Offices

Financial security in commercial bank auto supply chains 

By Yao Xiaomin and Wang Yao, Lantai Partners

Concerns on purchases of foreclosed properties

By Xu Bangwei and Yang Hui, Jingtian & Gongcheng

How factors with recourse can exercise their rights under Civil Code

By Yang Guang and He Yanmei, Lantai Partners

IP protection strategies in a new legal environment

By Frank Liu, Shanghai Pacific Legal

Rule changes for priority compensation in construction

By Zhang Miao and Gong Ming, Hylands Law Firm

Does Civil Code affect the labour contract?

By Leo Yu and Li Qiangqiang, Jingtian & Gongcheng

Legal risk control of contractors under the Civil Code

By Yu Peng and Yang Jie, DOCVIT Law Firm

Challenges for dispute resolution services in 2021

By Cui Qiang, Commerce & Finance Law Offices

Judgment trends of disputes related to contracts under Civil Code

By Yang Guang and Yuan Yuhui, Lantai Partners

Clarity obligations of standardised clauses under Civil Code

By Zhang Guanglei and Chen Cheng, Jingtian & Gongcheng

Analysis of types of security in the Civil Code

By Li Dan and Leng Yixiao, AnJie Law Firm

Focus on what constitutes a guaranteed redemption

By Li Xinqian and Ren Guobing, Jingtian & Gongcheng

Cases of application of the term “at one’s own risk”

By Xiong Xiaorong and Wu Kun, Tiantai Law Firm

Judgment trends of real right-related disputes under the Civil Code

By Yang Guang and Yuan Yuhui, Lantai Partners

Recourse right of sureties under contracts in Civil Code

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

Civil Code revises and improves guarantee system

By Xu Yu and Li Yan, Hylands Law Firm

New challenges of commercial disputes in Civil Code era

By Han Huixiao and Tang Jie, Dentons

The Civil Code and title of property: A banker’s perspective

By Yang Guang and Xu Xiaoxuan, Lantai Partners

Determining an ‘official act’

By Wang Xin, Dacheng Law Offices

LATEST ON VANTAGE ASIA

RBI on SRO

RBI may be learning to trust SROs

By Sawant Singh and Aditya Bhargava, Phoenix Legal

How can Chinese firms defend IP rights in overseas trades?

By Zhou Zhengping, Kangda Law Firm
Cayman islands’ pro-arbitration reputation

Cayman toolkit for foreign arbitration

By Jeremy Lightfoot, Kimberley Leng, and Yi Yang, Carey Olsen in Hong Kong

Recent developments have reinforced the Cayman islands’ pro-arbitration reputation

Automotive Industry IP Trends

IP strategies in the auto sector

By Pravin Anand and Safir Anand, Anand and Anand

Collaborative agreements and other key IP trends that have emerged in the automotive industry

Correspondents

Compliance strategy

How consumer, retail companies can capture compliance and profits

By Quan Kaiming and Yuan Wei, AllBright Law Offices

Product-by-process claim lesson in appeal judgment

By Pravin Anand, Vaishali Mittal, and Siddhant Chamola, Anand and Anand
DSO criminal compliance obligations

New laws tighten DSOs’ criminal compliance obligations

By Ekin Zeng and Chen Yitao, AllBright Law Offices

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