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.
Sun, 05 Nov 2023 Insights Meng Yu 余萌
The Fifth Amendment (2023) to the PRC Civil Procedure Law introduced the long-awaited rule on refusal grounds of recognition and enforcement. This time, the four new articles provide the missing piece of the framework for the recognition and enforcement of foreign judgments in China.
Sun, 22 Oct 2023 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In 2021, the Supreme Court of British Columbia, Canada, puzzled by mechanisms such as retrial and procuratorate protest in the Chinese judicial system, refused to grant a summary judgment enforcing a Chinese judgment on the ground of finality (Yang v. Kong, 2021 BCSC 809).
Sun, 01 Oct 2023 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In 2018, the Supreme Court of British Columbia, Canada refused to give a summary judgment in favor of a Chinese judgment creditor on the ground of finality (Xu v Yang, 2018 BCSC 393).
Sun, 17 Sep 2023 Insights Meng Yu 余萌
In a recent case involving the enforcement of a foreign arbitral award, the Shanghai Maritime Court confirmed its jurisdiction over an offshore company respondent with its principal place of business in China (see Oriental Prime Shipping Co. Limited v. Hong Glory International Shipping Company Limited (2020)) .
Sun, 03 Sep 2023 Insights Guodong Du 杜国栋
In China, cybercrime involving individuals' privacy is known as the crime of violating citizens' personal information.
Sat, 26 Aug 2023 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In 2019, the Court of Appeal for British Columbia of Canada upheld the trial ruling to enforce a Chinese civil settlement statement (Wei v. Li, 2019 BCCA 114).
Sun, 20 Aug 2023 Insights Guodong Du 杜国栋 , Meng Yu 余萌
On 20 August 2023, China Justice Observer released the 2023 version of the List of China’s Cases on Recognition of Foreign Judgments. To date, we have collected 98 cases involving China and 25 foreign States and regions. (Note: Foreign divorce judgments are excluded from the Case List.)
Sun, 13 Aug 2023 Insights Meng Yu 余萌
The case of the "Sapphire Princess" stands out as the first tort case in China to take place on a cruise ship on the high seas.