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Tag: Civil Procedure Law

First court-enforced arbitral tribunal interim measure

In a BAC/BIAC tech dispute case, the tribunal granted an interim measure based on the claimant’s application

How forced deregistration impacts civil proceedings

By Liu Mei, Anli Partners

Recognition and enforcement of foreign judgments, arbitral awards

By Lei Ting and Wu Ziyu, Global Law Office

Service by public notice

This column explains when court documents may be served via public notice, such as posting in newspapers

Case study: jurisdictional conflicts in labour disputes

By Mu Dunbo and Liu Jian, Zhilin Law Firm

Non ultra petita

Courts play a key role in justice, resolving disputes and issuing binding orders on the involved parties

Safeguarding innovation with IP litigation

By Luo Rui and Zhang Yue, Han Kun Law Offices

Judgement writing

This column explores the way in which judgments can be structured and expressed

How objecting to validity of arbitration agreement affects procedure

In an arbitration procedure, objection to the validity of the arbitration agreement is a form of objection to the arbitration jurisdiction

Practice, prospects of substantive consolidation

By Amy Ren and Shawn Xu, Llinks Law Offices

Grounds for jurisdiction

This column considers the grounds on which Chinese courts generally can accept jurisdiction in foreign-related civil disputes

Resolving investigation, evidence collection dilemma of arbitration tribunals

Both commercial arbitration cases and their disputed amounts have skyrocketed across China in recent years

Excluding frozen dividends and bonuses from debt enforcement

By Chen Zhuo and Yin Yutong, Tian Yuan Law Firm

Changes to foreign-related sections of Civil Procedure Law

By Ye Zhihao, Liu Long, and Xu Jialiang, Han Kun Law Offices

Procedures in event of arbitration party’s death

Procedures in event ofarbitration party’s death

Domestic commercial courts

This column examines commercial courts in a domestic context. It outlines the features of efficient and effective commercial dispute resolution, as recognised by international practice

Ongoing developments with follow-on antitrust lawsuits

By Ryan Fang and Simon Shi, Jingtian & Gongcheng

Comparing head office and branches on arbitration agreement validity

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

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

IP owners should use investigation orders to defend their rights

By Chen Jian, Sanyou Intellectual Property Agency and Wan Rui Law Firm

IP owners should use investigation orders to defend their rights

By Chen Jian, Sanyou Intellectual Property Agency

Judicial review of online arbitration procedures

By Chen Xue’er, Guangzhou Business School Law School, and Jeffrey Quan, ETR Law Firm

Enforcement of foreign-related civil, commercial judgments: Part III

By Zhang Yang and Liu Fang, Tiantai Law Firm

Different court approaches to bankruptcy claim objections

By Wang Zhenxiang, Jingtian & Gongcheng

Enforcement of foreign-related civil, commercial judgments: Part I

By Zhang Yang and Liu Fang, Tiantai Law Firm

Arbitrability for intra-company disputes

Intra-company disputes are usually resolved by courts in China, but the absence of special procedural rules in the Civil Procedure Law leads to time-consuming and laborious settlements

Exit control in China civil litigation

By Zhang Guanglei and Zhang Jinhui, Jingtian & Gongcheng

When worlds collide

By Edward Chin

When different judicial systems clash on disputes involving foreign commercial judgments recognised and enforced in mainland China the outcomes have always been tricky, even under the confines of bilateral treaties

Agents ad litem

This edition of China Lexicon explores the concept of agent ad litem, which refers to an agent who represents the interests of a party in a litigation or other legal proceedings

China’s courts embrace online litigation

By Zhang Guanglei & Chen Cheng, Jingtian & Gongcheng

New jurisdictional regulations for cross-border financial disputes

By Zhang Guanglei and Chen Cheng, Jingtian & Gongcheng

Serving litigation documents abroad effectively

By Zhang Guanglei and Cai Xiaoxia, Jingtian & Gongcheng

Extraterritorial public documentary evidence under new provisions

By Zhang Guanglei and Chen Cheng, Jingtian & Gongcheng

The Mainland-HK arrangement: HKIAC practice and experience

By Hong Kong International Arbitration Centre

Decision on misapplication of evidence preservation in IP suits

By Geng Yunfeng, Sanyou Intellectual Property Agency

Mutual assistance for interim measures in arbitration

By China International Economic and Trade Arbitration Commission

Say no to spam arbitration

By Tim Meng and Shirley Yan, GoldenGate Lawyers

Frontier legislation of behaviour preservation regarding IP rights

By You Minjian and Li Yuan, Co-effort Law Firm

Introduction of emergency arbitrator procedures

By Ada Zhang, Martin Hu & Partners

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