Thu, 09 May 2024 Insights CJO Staff Contributors Team
In December 2023, China's Supreme People's Court (SPC) reaffirmed the supremacy of international treaties over domestic laws in foreign-related civil and commercial cases with its “Interpretation on Several Issues Concerning the Application of International Treaties and International Practices”(關于審理涉外民商事案件適用國際條約和國際慣例若干問題的解釋).
Wed, 17 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, the Chinese Chongqing Court's historic ruling set global FRAND rates for Nokia's 2G-5G patents, resolving the long-standing OPPO v. Nokia dispute and marking a milestone in 5G patent litigation.
Fri, 05 Apr 2024 Insights Meng Yu 余萌
The 2023 Civil Procedure Law introduces systematic regulations to enhance the recognition and enforcement of foreign judgments, promoting transparency, standardization, and procedural justice, while adopting a hybrid approach for determining indirect jurisdiction and introducing a reconsideration procedure as a legal remedy.
Thu, 21 Mar 2024 Insights Meng Yu 余萌
The 2023 Civil Procedure Law adopts a problem-oriented approach, addressing difficulties in the service of process for foreign-related cases by expanding channels and shortening the service by publication period to 60 days for non-domiciled parties, reflecting a broader initiative to enhance efficiency and adapt legal procedures to the complexities of international litigation.
Fri, 15 Mar 2024 Insights Meng Yu 余萌
The insights from Chinese Supreme Court Justices on the 2023 Civil Procedure Law Amendment highlight significant modifications to international civil procedure rules, including expanded jurisdiction of Chinese courts, enhancements in consensual jurisdiction, and coordination of international jurisdictional conflicts.
Thu, 29 Feb 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, China’s Supreme People’s Court issued a judicial interpretation on the ascertainment of foreign law, providing comprehensive rules and procedures for Chinese courts, aiming to address difficulties faced in foreign-related trials and improve efficiency.
Wed, 06 Dec 2023 China Legal Trends CJO Staff Contributors Team
China's adoption of the Apostille Convention, effective from 7 Nov. 2023, marks a significant step forward in China’s efforts to facilitate the circulation of international public documents.
Mon, 31 Oct 2022 China Legal Trends CJO Staff Contributors Team
In September 2022, China's Supreme People's Court issued a final jurisdictional ruling on the Nokia v OPPO case and rejected Nokia's appeal.
Sun, 16 Oct 2022 Insights Meng Yu 余萌
A study on how the CISG is applied by CIETAC sheds light on the ins and outs of its application in arbitration in China.
Sun, 09 Oct 2022 Insights Meng Yu 余萌
A recent study on the Application of the United Nations Convention on Contracts for the International Sale of Goods in Chinese Courts provides a perspective into how Chinese courts apply and interpret the CISG.