Sun, 11 Oct 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Where do China's Guiding Cases (指导性案例) come from? Provisions on Case Guidance were issued by the SPC in 2010 as a first step towards establishing the Guiding Case system.
Insights
Sun, 11 Oct 2020 Insights Chenyang Zhang 张辰扬 , Ran Ren 任冉
"The burden of proof lies with the party asserting a proposition" (谁主张，谁举证) is a primary rule of burden of proof in China's judicial proceedings. Nevertheless, the rule is not unchangeable.
Thu, 08 Oct 2020 Insights Zilin Hao 郝梓林
In 2020, Shanghai Second Intermediate People's Court enforced the judgments made by the October District Court of Minsk City, the Republic of Belarus. This also marks the first time that a Shanghai court has accepted a case transferred by a foreign court according to the bilateral treaty.
Sun, 04 Oct 2020 Insights Guodong Du 杜国栋
China's current judge system began to take shape after the end of the Cultural Revolution (1978), and the judicial reform initiated in 2014 has accelerated its evolution.
Sun, 04 Oct 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Translation matters. In 2020, Chengdu Intermediate People's Court in Sichuan Province dismissed an application for enforcing a UAE judgment, due to translation errors in the Chinese version of the application.
Sun, 27 Sep 2020 Insights Chenyang Zhang 张辰扬 , Yue Wu 武悦
The self-admission is the disposition of the litigant's procedural rights, and may have a substantive impact on the fact-finding and the burden of proof.
Sun, 27 Sep 2020 Insights Jian Zhang 张建
As shown in Brentwood case (2020), arbitral awards rendered in Mainland China by foreign arbitral institutions can be enforced as foreign-related Chinese awards and shall be subject to the same stringent judicial review standards as Chinese arbitral awards.
Sun, 20 Sep 2020 Insights Xiaodong Dai 戴晓东
PRC Foreign Investment Law makes it clear that the foreign indirect investment should also be put under regulation, but fails to provide a clear definition of and the criteria for determining indirect investment.
Sun, 20 Sep 2020 Insights Chenyang Zhang 张辰扬 , Xuan Zhao 赵暄
To participate in China's judicial proceedings, it is vital to understand the time limit system for presenting evidence. Although the evidence is still very much likely to be admitted by the court even if its presentation is delayed and may incur court punishment, the parties should try the best to present evidence on time.
Thu, 17 Sep 2020 Insights Zilin Hao 郝梓林
In Chinese judicial practices, unless the jurisdictional clause clearly stipulates that is "non-exclusive", it is more likely that the agreement of jurisdiction would be deemed as "exclusive".