How Chinese Courts Assess “Public Policy” in Enforcing Foreign Arbitral Awards?

In 2016, a Chinese local court in Shandong recognized and enforced an arbitral award from the International Cotton Association(ICA) in the case of Olam International, setting a clear standard for assessing public policy under the New York Convention.

China’s Xiamen Int'l Tribunal Releases Consensual Jurisdiction Model Clauses

In 2024, the Xiamen International Commercial Tribunal introduced "Consensual Jurisdiction Model Clauses" to enhance party autonomy in jurisdiction agreements, aiming to position the Tribunal as a preferred venue for resolving international commercial disputes.

SPC Issues Judicial Interpretation on Tort Liability in Civil Code

On September 26, 2024, China's Supreme People's Court (SPC) issued a judicial interpretation clarifying tort liability under the Civil Code, addressing issues like child abduction, dangerous animals, and emotional harm to unify legal standards in these areas.

China Launches Gradual Retirement Reform

China's National People's Congress has approved a gradual increase in the statutory retirement age for men and women, set to begin on January 1, 2025, marking the first adjustment in over 70 years.

SPC Releases 2023 Annual Report on Judicial Review of Commercial Arbitration

In 2023, Chinese courts processed over 16,000 commercial arbitration cases, achieving a 5.11% set-aside rate, a 95.73% support rate for preservation (interim measures) cases, and a 92% recognition and enforcement rate for foreign arbitral awards, highlighting its pro-arbitration approach.

China Revises National Defense Education Law

In September 2024, the newly revised “National Defense Education Law of the People’s Republic of China” was passed by the National People’s Congress Standing Committee and came into effect on 21 September.

SPC Releases Typical Cases to Support Hong Kong Arbitration

In September 2024, China’s Supreme People’s Court (SPC) released six typical cases to demonstrate its support for Hong Kong arbitration, emphasizing judicial cooperation and the recognition of arbitral awards to foster international arbitration development.

SPC Sets Standards for Punitive Damages in Food Safety

In August 2024, China’s Supreme People’s Court (SPC) issued a judicial interpretation that addresses punitive damages in food safety cases, featuring typical cases to establish uniform standards and enhance consumer protection.

Authenticating Documents for Use in Chinese Courts: Apostille or Not?

The 1961 Apostille Convention, effective in China as of November 2023, simplifies the authentication of foreign documents for use in Chinese courts by replacing traditional consular legalization with apostille. Note that authentication is only required for certain types of documents under Chinese law, and the apostille process applies only when the 1961 Convention is relevant.

SPP Releases 2024 Mid-Year Case Data

In the first half of 2024, China's Supreme People's Procuratorate (SPP) reported significant increases in arrests and prosecutions, as well as a notable rise in retrials based on their recommendations in civil cases.