News & Analysis as of

Jurisdiction China

Taking Evidence Between Hong Kong and the PRC Just Got Easier

by Kobre & Kim on

A mutual arrangement between Hong Kong and China to take evidence in civil and commercial cases that took effect earlier this year makes it easier for litigants in those jurisdictions to obtain evidence in the other...more

Investing in China Key Challenges and Mitigation Strategy

In early 2005, a subsidiary of listed Hong Kong and China Gas Company Limited (0003.HK) bought a controlling stake in a Chinese joint venture company. Initial payments were made, but then the audited financial statements...more

In Chinese Investment Treaties, Questions Arise on Who Qualifies for Protection

Despite recent criticism from some quarters concerning the use of investment treaties and free trade agreements, the Chinese investment treaty system remains firmly in place. Since 1982, the People's Republic of China (PRC)...more

Why Chinese Companies Need to Exercise Caution When Attending Trade Shows in the United States

by Tarter Krinsky & Drogin LLP on

Over the past two years, owners of U.S. patents have used Chinese companies' appearances at a trade show as a patent infringement "trap." These patent owners have commenced patent infringement cases against Chinese companies...more

Comity Over Competition in Vitamin C Antitrust Litigation

Forced to choose between the competing concerns of international comity and United States antitrust law in In re: Vitamin C Antitrust Litigation, a unanimous panel of the Court of Appeals for the Second Circuit decided this...more

Anti-Monopoly Disputes Are Not Arbitrable According to Chinese Court

by WilmerHale on

On August 29, the Jiangsu Provincial Higher People's Court ruled that an arbitration clause did not apply to an anti-monopoly dispute in a 10 million yuan ($1.5 million) case brought by a distributor against a manufacturer....more

Private Antitrust Damage Actions in China: An Emerging Force?

by Latham & Watkins LLP on

China has emerged as a global power in merger review with surprising speed. Does the surge in private antitrust litigation suggest a similar pattern? Introduction - This Client Alert provides a general description...more

Overview of Chinese Insurance Law

by Cozen O'Connor on

As global insurers continue to penetrate the Chinese market, our offices are seeing an ever increasing number of Chinese law related inquiries, including in the fields of credit and political risk, property and other lines....more

New York Enforcement Update

by King & Spalding on

New York has long been a critical enforcement venue for parties holding unsatisfied arbitral awards and/or judgments. New York is the financial capital of the United States, and that reality, coupled with the state’s expert...more

“Citizen Suits” Under China’s Revised Environmental Protection Law: A Watershed Moment In Chinese Environmental Litigation?

by Beveridge & Diamond PC on

A little over a year ago, on January 1, 2015, China’s amended Environmental Protection Law (“EPL”) went into effect, representing a significant aspect of China’s concerted effort to place greater emphasis on environmental...more

Guangdong DOJ Wades Into the Fray by Demanding That CIETAC Cease “Illegal Arbitration Activities” in Guangdong

by Morrison & Foerster LLP on

On July 15, 2015, the PRC Supreme People’s Court (SPC) issued an interpretation clarifying various jurisdictional issues arising from the mid-2012 decision of the former South China and Shanghai Sub-Commissions of the China...more

An Introductory Guide to Arbitration in Asia

by Morgan Lewis on

International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more

Practical guidance on drafting and negotiating commodities contracts: Focus on Chinese counterparties with emphasis on successful...

by Reed Smith on

It is inevitable that some commodity trades end in dispute, particularly in current markets where prices are generally low and have been falling. This may happen in any jurisdiction, although this article focuses on China and...more

SPC Issues Interpretation on Jurisdictional Issues Arising from CIETAC Split

by Morrison & Foerster LLP on

In a welcome development, the PRC Supreme People’s Court (the “SPC”) issued on July 15, 2015 an interpretation addressing various jurisdictional issues arising from the decision in mid-2012 of the former CIETAC Shanghai and...more

FIO Director Testifies On The Impact Of International Regulatory Standards On The Competitiveness Of U.S. Insurers

by Carlton Fields on

The Director of the Federal Insurance Office (FIO), Michael McRaith, recently testified before the House Financial Services Subcommittee on Housing and Insurance regarding the impact international regulatory standards have on...more

Court of Appeal holds standard clause in bills of lading to be exclusive English jurisdiction clause

by Reed Smith on

Hin-Pro International Logistics Ltd v Compania Sud Americana de Vapores SA [2015] EWCA Civ 401 - The Appellant Freight Forwarder commenced actions in China under 70 bills of lading, which incorporated the Respondent’s...more

IP Newsletter - April 2015

by Morrison & Foerster LLP on

In This Issue: - Federal Circuit Affirms PTO in First Appeal of an Inter Partes Review Decision - EU Copyright: No Resale of Digital Content Except for Software? - Qualcomm Agrees to $975 Million Fine and...more

Even the Great Wall of China Can’t Hide a U.S. Distributor in a Product Defect Lawsuit

by Wilson Elser on

The Illinois First District Appellate Court recently held that a U.S. distributor cannot escape liability under the Illinois Distributor Release Statute if the plaintiff was unable to obtain jurisdiction over a Chinese...more

Global Cartel Enforcement - 2014 Year In Review

by Allen & Overy LLP on

To name only a few, the U.S. faced challenges over the extent of its jurisdictional reach; China was criticised for questionable investigative practices and allegedly protectionist use of its antitrust powers; and Japan faced...more

Beyond Borders: The Reach of Motorola Mobility LLC v. AU Optronics Corp. et al.

by Holland & Knight LLP on

On November 13, 2014, the Seventh Circuit will hear oral arguments on a motion for rehearing in Motorola Mobility LLC v. AU Optronics Corp. et al., to consider the reach of the Sherman Act outside of the United States borders...more

Cyber-Symbolism? DOJ Announces First-Of-Its-Kind Prosecution Of State Actors — But Does It Matter?

The U.S. Justice Department has charged members of the Chinese military with allegedly engaging in economic espionage against American companies. It’s the first time that the United States has leveled such charges against...more

Asia: Corporate Newsletter - June 2013

by DLA Piper on

The third batch of subsidiary legislation for the implementation of the new Companies Ordinance was gazetted in May...more

Chinese Vitamin C manufacturers found liable for price fixing in the United States -- court orders total damages of US$162 million...

by DLA Piper on

In a case that reverberated throughout Chinese state-owned and private companies, as well as various organs of the Chinese government, in a recent private civil class action case in United States District Court for the...more

New York District Court Dismisses Complaint Alleging Foreign Antitrust Activity

The US District Court for the Southern District of New York recently held that alleged anticompetitive conduct by Chinese technology manufacturers taking place entirely within China did not create sufficient direct effects on...more

Fifth Circuit Affirms Dismissal of International Trade Secret Dispute

by Foley & Lardner LLP on

Even as the Obama administration is announcing an effort to crack down on international trade secret theft, the Fifth Circuit has released a ruling reminding companies just how difficult it can be to go to court on their own...more

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