Sun, 03 Dec 2023 Insights Meng Yu 余萌
The Fifth Amendment (2023) to the PRC Civil Procedure Law has opened a new chapter on international civil jurisdiction rules in China, covering four types of jurisdictional grounds, parallel proceedings, lis alibi pendens, and forum non conveniens. This post focuses on how conflicts of jurisdiction are resolved through mechanisms such as lis alibi pendens, and forum non conveniens.
Sun, 26 Nov 2023 Insights Meng Yu 余萌
The Fifth Amendment (2023) to the PRC Civil Procedure Law has opened a new chapter on international civil jurisdiction rules in China, covering four types of jurisdictional grounds, parallel proceedings, lis alibi pendens, and forum non conveniens. This post focuses on the four types of jurisdictional grounds, namely special jurisdiction, jurisdiction by agreement, jurisdiction by submission, and exclusive jurisdiction.
Fri, 17 Feb 2023 China Law in One Minute Meng Yu 余萌
The limitation period is the period within which you may request a Chinese court or arbitral tribunal to protect your rights in personam.
Sun, 25 Sep 2022 Insights Meng Yu 余萌
The booming cross-border e-commerce in China has resulted in a concomitant rise in cross-border disputes among Chinese exporters, Chinese e-commerce platforms, overseas consumers, and overseas e-commerce platforms. Judges of Hangzhou Internet Court shared their reflections on the trial of cross-border e-commerce cases.
Sun, 24 Jul 2022 Insights Guodong Du 杜國棟 , Meng Yu 余萌
In 2022, the New South Wales Supreme Court of Australia ruled to recognize two Chinese civil settlement statements, which were considered as ‘foreign judgments’ under Australian law (Bank of China Limited v Chen [2022] NSWSC 749).
Sat, 28 May 2022 Insights Guodong Du 杜國棟 , Meng Yu 余萌
China published a landmark judicial policy on the enforcement of foreign judgments in 2022. This post addresses the ex ante internal approval and ex post filings - a mechanism designed by China’s Supreme Court to ensure impartiality in enforcing foreign judgments.
Sun, 24 Apr 2022 Insights Guodong Du 杜國棟 , Meng Yu 余萌
China published a landmark judicial policy on the enforcement of foreign judgments in 2022. This post outlines what to include in an application for enforcing a foreign judgment in China.
Sun, 27 Mar 2022 China Legal Trends Guodong Du 杜國棟 , Meng Yu 余萌
The 2021 Conference Summary enables an ever greater number of foreign judgments to be enforced in China, by making substantial improvements from both the “threshold” and “criteria”.
Sun, 27 Feb 2022 Insights Guodong Du 杜國棟 , Meng Yu 余萌
China’s Supreme Court’s newly-issued 2021 Conference Summary on cross-border commercial and maritime litigation, addressed, among others, jurisdiction clauses, cross-border electronic service, and recognition and enforcement of foreign judgments.
Sun, 19 Dec 2021 Insights Guodong Du 杜國棟 , Meng Yu 余萌
In July 2021, a Chinese court recognized a Singapore judgment based on reciprocity, a key prerequisite that was earlier confirmed by the China-Singapore memorandum on recognition and enforcement of judgments.