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China passes provisions to relax the cross-border data transfer regime

China has passed provisions which relax the current cross-border data transfer mechanisms. This comes as welcome news to the international business community, especially those with the need to export data from China in the...more

China's enforcement trends and developments: a review of data, bribery, and corporate crime issues

Commercial bribery enforcement also became more active, as the authorities marked the 30th anniversary of the PRC Anti-Unfair Competition Law. The revision of the PRC Anti-Espionage Law raised some concerns about national...more

From Absolute Immunity to Restrictive Immunity - The implication of the Foreign State Immunity Law on cross-border disputes in the...

The long-standing practice to adopt the principle of absolute foreign state immunity by the People’s Republic of China (the PRC) and Hong Kong is coming to an end as the PRC’s Foreign State Immunity Law (the FSIL) is coming...more

Managing future disputes risks

Disputes risks are an ever-present part of doing business. Indeed, for some, these risks are built into their business model. They like to move fast and accept they may break some things. Disputes are part of the cost of...more

Mainland China issued new rules on algorithm trading

Mainland China stock exchanges recently issued new rules on algorithm trading, as part of the continuing regulatory efforts to ensure the stability of the financial market. Investors may need to ask a number of key...more

The Revised PRC Counter-Espionage Law – What Has Really Changed?

On April 26, 2023, China’s legislature approved revisions to the Counter-Espionage Law of the People’s Republic of China (PRC Counter-Espionage Law). A draft version of the law had been released for public comment in December...more

China promulgates measures on security assessment for cross border transfer of data

On 7 July 2022, the Cyberspace Administration of China (CAC) released the Measures on Security Assessment for the Cross-border Transfer of Data (the Measures). As a step in the process of further detailing the mandatory...more

Greater China Risk Insight: Looking ahead in the Year of the Tiger

The last two years have reshaped the global economy and socioeconomic policies, and have given rise to new risks and challenges. The world of disputes is also rapidly evolving. As we look back to reflect on the lessons...more

Litigating legal black holes

More activity and more private actors in space means more disputes. Understand how and where those disputes will be resolved to prepare your business. Our global experts bring together multi-sectoral expertise to assess the...more

Cyberspace Administration of China (CAC) publishes draft regulations for network data security management

On 14 November 2021, the Cyberspace Administration of China (CAC) published a consultation draft of the Regulations on Network Data Security Management (Network Data Security Regulations) for public comment. ...more

China consults on security assessments for cross-border transfer of data

On October 29, 2021, the Cyberspace Administration of China (CAC) issued draft Measures on Security Assessments for the Cross-border Transfer of Data (a consultation draft for public comment) (Draft Measures). ...more

Key regulatory changes in China’s new legislation on personal information protection

On 20 August 2021, the Standing Committee of the National People’s Congress adopted the Personal Information Protection Law (the PIPL), the long-awaited and first omnibus personal data protection legislation in China. This...more

New PRC Data Security Law

China’s latest step in building its comprehensive data and cybersecurity regime. The Standing Committee of the National People's Congress (NPCSC) enacted the Data Security Law of the People’s Republic of China on 10 June 2021...more

Significant damages judgments highlight the trends of trade secret enforcement in China

The IP Tribunal of the Chinese Supreme Court currently presides over the appeals of all technical IP cases in China. In two recent trade secret judgments, the Supreme Court affirmed the finding of misappropriation and awarded...more

China’s new blocking statute against extra-territorial application of foreign laws

On January 9, 2021, the PRC Ministry of Commerce (“MOFCOM”) issued the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (the “Rules”). - The Rules, along with the...more

Will the EU-China Comprehensive Agreement facilitate investment by EU companies in China?

The European Union (EU) and the People’s Republic of China concluded the negotiations on their investment treaty, the EU/China Comprehensive Agreement on Investment (CAI), on 30 December 2020. ...more

1/11/2021  /  China , EU , Investment

Love them or hate them: Virtual hearings are here to stay

Commercial dispute resolution has undergone a forced revolution during 2020, with courts and arbitral tribunals in many major jurisdictions responding to social restrictions put in place to control the spread of coronavirus...more

Supplemental Arrangement concerning mutual enforcement of Arbitral Awards between Hong Kong and the Mainland

On 27 November 2020, the Department of Justice of the HKSAR Government and the Supreme People’s Court of the People’s Republic of China (the PRC) signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral...more

Legal agility and risk resilience: How to enhance your organisation’s readiness to withstand the next crisis

What can in-house legal, risk and compliance leaders learn from the Covid-19 pandemic and other notable crises of the past 20 years to strengthen the legal resilience of their organisations? More than any other crisis in...more

Covid-19 coronavirus: how the APAC courts and arbitral institutions have adapted to the challenge

As Covid-19 coronavirus continues to spread across the globe, the various forums for dispute resolution worldwide find themselves presented with novel challenges, in particular relating to issues around physical attendance at...more

Hong Kong recognises administrators appointed under the Enterprise Bankruptcy Act of the People’s Republic of China

On 15 January 2020, we published a newsflash regarding the decision of the Hong Kong Court of First Instance dated 13 January 2020 (Decision) on the recognition of the appointment of bankruptcy administrators of CEFC Shanghai...more

Latest updates on the China financial sector: lifting foreign shareholding caps

On 11 October 2019, the China Securities Regulatory Commission (CSRC) announced a clearer accelerated timeframe for lifting foreign shareholding caps (i.e. 51%) in futures companies, public securities investment fund...more

Mainland-Hong Kong Interim Measures Arrangement Now in Effect

The Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR (the Arrangement), which was signed on 2 April 2019, came into...more

Groundbreaking Arrangement Allowing Interim measures in Mainland China for Hong Kong Arbitrations

On 2 April 2019, the HKSAR Government and the Supreme People’s Court of the People’s Republic of China signed the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by...more

An update on China’s control over outbound investments and remittance

On August 18, 2017, the State Council of China issued a notice forwarding the Guiding Opinions on Further Guiding and Regulating the Direction of Outbound Investments (the Guiding Opinions) as jointly drafted by the National...more

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