MoFo APAC Arbitration Update: October 2019

Morrison & Foerster LLP

CICC ISSUES FIRST RULINGS, AFFIRMS DOCTRINE OF SEPARABILITY

In October 2019, the PRC Supreme People’s Court published the first rulings issued by the First International Commercial Court (“CICC”). The three rulings, which relate to the same transaction, are notable because they affirm the doctrine of separability within PRC law, which is codified in Article 57 of the PRC Contract Law. The doctrine holds that an arbitration clause within a contract is separable and independent from the contract within which it is contained. In the judgments, the CICC held that the parties had reached valid arbitration agreements even though the underlying contracts were never formally executed (i.e., affixed with a seal or signed by the legal representatives). The contracts concerned were a sale and purchase agreement between Lucky Treat Limited (the “Seller”) and Zhongyuan Cheng Commercial Investment Holdings Co., Ltd. (the “Purchaser“) and a debt settlement agreement between the Seller, its affiliates and the Purchaser in a sale of shares transaction (together, the “Contracts”). During the negotiations, the parties exchanged signed draft versions indicating that the Contracts would be governed by PRC law and that any disputes would be submitted to the Shenzhen Court of International Arbitration for administration. The negotiations failed and the parties did not sign the final versions of the Contracts.

A dispute arose between the parties and the Purchaser referred the dispute to arbitration. In response, the Seller and its affiliates applied to the Shenzhen Intermediate People’s Court for a ruling that the parties had not entered into valid arbitration agreements because the Contracts were never formed. The CICC considered the case significant and took it over. The CICC dismissed the Seller and its affiliates’ application, and ruled that the arbitration agreements were valid even though the final Contracts were never signed. The CICC’s reasoning included two points of significance for PRC arbitrations. First, the CICC considered a dispute over the existence of arbitration agreements a question of validity of the arbitration agreements under PRC law, and ruled the arbitration agreements exist in light of the parties’ agreement to submit disputes to arbitration. Second, the CICC affirmed the doctrine of separability of arbitration agreements under PRC law by recognizing that the existence and validity of an arbitration agreement are independent of the existence and validity of the contract within which the arbitration agreement is contained.

The recognition of the doctrine of separability and the recognition of the competence of an arbitral tribunal to decide the existence and validity of the underlying Contracts are welcome clarifications of PRC law.

SHANGHAI MARITIME COURT GRANTS FIRST INTERIM MEASURE IN AID OF HONG KONG-SEATED ARBITRATION UNDER NEW ARRANGEMENT

Following entry into effect on October 1, 2019 of the arrangement between Hong Kong and Mainland China on interim measures in aid of arbitration (the “Arrangement”), the Hong Kong International Arbitration Centre (“HKIAC”) reported on October 9, 2019 that it had already received five applications for interim measures to preserve assets located in Mainland China in support of ongoing Hong Kong arbitrations.

One of these applications related to a maritime dispute arising out of a charter agreement between a Hong Kong charterer and a Shanghai company. The charterer submitted the dispute for arbitration in Hong Kong on July 16, 2019. On October 1, 2019, the charterer filed an application through HKIAC under the Arrangement to seize and freeze the Shanghai company’s assets in Mainland China. Within just seven days, on October 8, 2019, the Shanghai Maritime Court granted the application—the first time a court in Mainland China has granted interim measures under the Arrangement.

STRUCTURAL CHANGES TO SINGAPORE'S COURT SYSTEM MAY MEAN QUICKER HEARINGS FOR ARBITRATION-RELATED APPEALS

On October 7, 2019, Singapore’s Ministry of Law tabled a number of legislative amendment bills in Parliament proposing changes to Singapore’s judicial system. The proposals include restructuring the Supreme Court, which currently consists of a High Court and a Court of Appeal, to include a new Appellate Division of the High Court (“Appellate Division”), which will share the current appellate caseload of the Court of Appeal. If the restructuring goes ahead, the High Court will consist of two divisions—the General Division of the High Court and the Appellate Division. The Appellate Division will hear all civil appeals that are not allocated to the Court of Appeal. If the bills are adopted, arbitration-related appeals will continue to be made to the Court of Appeal; however, the distribution of civil appeals to two different courts will likely mean that arbitration-related appeals will be heard more quickly. This is a welcome development that is likely to improve the efficiency of the judicial process supporting arbitrations seated in Singapore.

SINGAPORE Ministry of Law Announces Expansion OF Third-Party Funding Regime TO DOMESTIC ARBITRATIONS

On October 10, 2019, speaking at the official opening of the Law Society of Singapore’s new premises at Maxwell Chambers Suites, Singapore Law Minister K. Shanmugam announced that legislation permitting third-party funding will be extended to domestic arbitration, certain proceedings in the Singapore International Commercial Court, and related mediation proceedings. These changes will presumably have to go through the customary Singapore legislative procedure before being enacted. Singapore introduced changes to its Civil Law Act in early 2017 that permitted parties to obtain third-party funding for international arbitrations only—with the Singapore courts later confirming that the changes to the Civil Law Act permit parties to obtain third-party funding in the insolvency context as well. The existing legislation allows parties to engage financing companies that meet relevant criteria under the Civil Law (Third-Party) Funding Regulations 2017 to pay expenses related to the conduct of pursuing a claim, typically in exchange for the financing company receiving a proportion of any award. The Law Minister’s recent announcement follows what he reported were increasing requests for funding options since the 2017 amendment, and is yet another effort in a series of efforts by the Singapore government to improve Singapore’s legislative environment for dispute resolution.

KCAB TO BE FIRST FOREIGN ARBITRAL INSTITUTION TO OPEN AN OVERSEAS OFFICE IN VIETNAM

On October 11, 2019, the Korean Commercial Arbitration Board (“KCAB”) announced that it would open an overseas liaison office in Hanoi, Vietnam. The stated objective of the new liaison office is to promote KCAB’s services in the country, including arbitration and other forms of alternative dispute resolution. The opening of the liaison office is an auspicious moment in the relationship between South Korea and Vietnam. Trade between the two countries has increased significantly since 2000. Following the signing of the Vietnam-Korea Free Trade Agreement in 2015, South Korea is currently the top source of foreign direct investment in Vietnam. There are approximately 7,000 Korean firms operating in Vietnam, employing more than 700,000 workers, and contributing to approximately 30 percent of Vietnam’s exports. The opening ceremony for KCAB’s Vietnam office will take place on December 17, 2019 in Hanoi.

QUEEN’S COUNSEL DENIED PERMISSION TO APPEAR BEFORE SINGAPORE INTERNATIONAL COMMERCIAL COURT IN ARBITRATION-RELATED MATTER

On October 18, 2019, in Re Gearing, Matthew Peter QC [2019] SGHC 249, the Singapore High Court rejected an application to permit an English Queen’s Counsel to appear before the Singapore International Commercial Court (“SICC”) to resist an application to set aside an arbitral tribunal’s decision on jurisdiction arising from an investor-state arbitration. Although non-Singapore qualified lawyers are permitted to appear in “offshore” cases before the SICC, this is not true for international commercial arbitration-related matters that come within the SICC’s jurisdiction. This is because the Singapore courts and the Singapore Parliament have expressly stated that parties in arbitration-related matters before the SICC must be represented by local Singapore counsel unless admitted on an ad hoc basis.

Mr. Matthew Gearing QC made an application for ad hoc admission to appear in the setting aside proceedings. Although the High Court acknowledged that Mr. Gearing met the mandatory requirements for ad hoc admission, it found that it was not necessary to admit him. The court reasoned that the jurisdictional issues in the proceedings were not so complex as to be beyond the competence of local practitioners and there were competent local counsels available to try the matter.

MACAU PASSES NEW ARBITRATION LAW

On October 17, 2019, Macau's Legislative Assembly approved the general terms of Law no. 19/2019 on arbitration (the “New Arbitration Law”). The Legislative Assembly then passed the New Arbitration Law on November 5, 2019, which will come into force on May 5, 2020. The New Arbitration Law unifies the law governing domestic and international arbitrations seated in Macau by replacing Decree-Law 29/96/M (which governed domestic arbitrations) and Decree-Law 55/98/M (which governed international commercial arbitrations seated in Macau). It also implements the practices and standards of the Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law (the “UNCITRAL Model Law”) and expressly states that the courts and arbitral tribunals are permitted to consider the UNCITRAL Model Law when interpreting the New Arbitration Law. These steps seek to align local regulations with international standards and best practices, and to establish Macau as a viable seat for arbitrations between Chinese and Portuguese-speaking parties. The New Arbitration Law contains some noteworthy new features. These include the ability to opt into an emergency arbitrator mechanism in the arbitration agreement or in any other subsequent agreement, and a requirement that the Macau government, through the Directorate of Justice Affairs, must publish online arbitral awards involving the public administration.

SINGAPORE COURT OF APPEAL CLARIFIES COURTS’ POWERS TO MONITOR STAY OF COURT PROCEEDINGS IN FAVOR OF ARBITRATION

On October 22, 2019, the Singapore Court of Appeal delivered its judgment in Rex International Holding Ltd v Gulf Hibiscus Ltd [2019] SGCA 56 concerning the Singapore courts’ case management powers to manage stays of court proceedings where there is an alleged arbitration agreement. The appellants had obtained from the Singapore High Court a stay of court proceedings commenced by the respondent, relying on an arbitration agreement between the respondent and the appellants’ subsidiary, Rex Middle East Limited (“RME”). At the time of the granting of the stay, no party had commenced arbitration. Subsequently, the judge lifted the stay on the basis that no progress had been made towards resolving the dispute since the original stay order was made. The appellants objected to the lifting of the stay. The appellants’ main contention was that if they wanted a continuance of the stay, they would be required to undergo the burden of moving RME to commence arbitration in pursuit of a declaration of non-liability, which, the appellants argued, did not make sense when it was the respondent who would be alleging wrongs on the appellants’ and RME’s part.

The Court of Appeal observed that the court below should not have granted the stay in the first place because the arbitration clause relied upon by the appellants only covered disputes between the respondent and RME, not between the appellants and the respondent. The Court of Appeal did not consider that the court proceedings could give rise to case management issues because there was no overlap between the parties in the putative arbitration and court proceedings, no overlap in the issues, and no overlap in the potential remedies. The Court of Appeal reasoned that a case management stay would only be justified if required to achieve a fair and efficient resolution of the dispute as a whole. The Court of Appeal further held that there was no good reason to prevent the respondent from framing its claim as it saw fit. As such, the Court of Appeal lifted the stay.

HONG KONG TO STUDY OUTCOME-BASED FEES FOR ARBITRATION

On October 22, 2019, during Hong Kong Arbitration Week, Secretary of Justice Teresa Cheng SC announced that the Hong Kong Law Reform Commission would form a sub-committee to study outcome-related fees arrangements. At present, Hong Kong law prohibits lawyers from charging outcome-related fees. However, there is increased interest in flexible fee structures across the region, particularly for arbitration. On October 25, 2019, the Hong Kong Law Reform Commission announced that it had established the sub-committee to consider whether reform is needed to the relevant law and regulatory framework to allow outcome-related fee structures for arbitration and, if so, to make recommendations for reform. The announcement follows the commencement by the Singapore Ministry of Law of a public consultation on conditional fee arrangements for arbitration in August 2019.

HONG KONG COURT REFUSES TO ENFORCE MAINLAND CHINESE AWARD DUE TO MISSED TIME LIMIT

On October 24, 2019, the Hong Kong Court of First Instance handed down a judgment in the case of Wang Peiji (“WP”) v Wei Zhiyong (“WZY”) [2019] HKCFI 2593 setting aside an order enforcing an arbitral award. The underlying arbitration had resulted in the issuance of an award in favor of WZY by the Guangzhou Arbitration Commission on April 20, 2009 (the “Award”). On November 21, 2010, the Panyu People’s Court ordered enforcement of the Award. WZY recovered a portion of the total award from WP through execution. The enforcement procedures before the Panyu People’s Court came to an end in December 2018 as WP had no further assets in the jurisdiction available for execution. On April 17, 2019, WZY applied to the Hong Kong courts for leave to enforce the Award on ex parte basis. On May 14, 2019, the Hong Kong courts granted an enforcement order (the “Enforcement Order”).

WP applied to set aside the Enforcement Order based on two grounds. First, WP argued that WZY’s April 2019 application to enforce the Award was time barred by section 4(1)(c) of the Limitation Ordinance, which provides that actions to enforce an award shall not be brought after the expiration of six years from the date on which the cause of action accrued. WP further argued that the six-year limitation period was not suspended as a result of WZY’s enforcement efforts in China. Second, WP argued that the principle of res judicata applied because WZY had pursued the same claims in prior Hong Kong court proceedings, but those claims were withdrawn.

In response, WZY argued that the Award was executed under seal and was thus subject to the twelve-year limitation period in section 4(3) of the Limitation Ordinance applicable to “actions upon a specialty,” which refers to either (a) contracts under seal, or (b) causes of action based on statute. WZY further argued that time must have been suspended for the whole of WZY’s (partially successful) enforcement efforts. WZY argued that the prior decision in CL v SCG to set aside an enforcement order due to a missed time limit was distinguishable because enforcement efforts failed in that case. By contract, WZY’s enforcement actions in the PRC were partially successful, and a successful plaintiff could not be expected to have stopped enforcement efforts which were bearing fruits.

The court rejected both of WZY’s arguments, finding that section 4(3) of the Limitation Ordinance concerns whether the underlying contract was executed under seal and that CL v SCG was directly applicable. As a result, the court allowed WP’s application to set aside the Enforcement Order on the basis that WZY’s enforcement application was time barred. This case serves as an important reminder to prevailing parties of the importance of promptly enforcing arbitral awards in Hong Kong because the limitation period continues to run while enforcement efforts are made in other jurisdictions.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Written by:

Morrison & Foerster LLP
Contact
more
less

Morrison & Foerster LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.