In a recent dispute, our client, a non-Chinese supplier, was successful in its claim against a Chinese corporation following the non-payment of goods under an international sale of goods contract. The non-payment stemmed from a cyber fraud involving both parties and a fraudster. The case was successfully resolved through mediation under the supervision of China’s [...]
1.Introduction As economic globalization intensifies, commercial interactions increasingly cross national borders, creating a growing demand for effective mechanisms to resolve disputes. When international transactions go awry, parties may secure judgments in one jurisdiction but need to enforce them in another. This is where the recognition and enforcement of foreign court judgments become crucial. Within this [...]
Investors have previously been wary of entering the energy market in China, and for good reason. China’s energy sector is highly regulated, with rigid licensing regimes and exclusive rights for state-owned enterprises. However, that environment is changing as China ushers in rapid renewable energy expansion and fossil fuel replacement. In 2023, according to the International [...]
Clyde & Co Westlink JLV team has recently contributed to the China chapter of Legal 500's Country Comparative Guides on Class Actions. The team has responded to some of the commonly addressed questions in relation to class actions in China including: Do you have a class action or collective redress mechanism? If so, please describe [...]
Since early 2023, improvement of the COVID-19 situation has resulted in the speedy recovery and notable expansion of international trade, exemplified by the increased import and export activity in China. For those engaged in trade with China, some guidance on the Customs clearance procedures and the potential issues some traders might face, may be helpful. [...]
Introduction to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents （ “Convention” ） The Convention, also known as the Apostille Convention, is an international treaty with the widest scope of application and a large number of contracting parties under the framework of the Hague Conference on Private International Law, an intergovernmental organisation. [...]
On 17 February 2023, China officially launched its registration-based IPO system. This new system replaces the previous approval-based system. In total 165 rules were released, of which 57 were issued by the China Securities Regulatory Commission (CSRC). The new system is expected to have a significant impact on the A-share D&O insurance market in the [...]
On 31 December 2021, the Supreme People's Court (SPC) of China (PRC) issued the Meeting Minutes of the National Court's Symposium on Foreign-Related Commercial and Maritime Trials 2021 (2021 Meeting Minutes). While documents of this type do not, strictly speaking, constitute judicial interpretations and cannot be cited as the basis for adjudication in PRC court [...]
W hen international creditors experience default in payment from debtors, there are various options and means which can be used to pursue recovery, such as the issuance of demand letters, conducting on-site visits, commencing litigation/arbitration proceedings, or applying for winding up proceedings against the debtors. However, due to the current economic downturn in many countries, [...]
On 17 March 2022, after obtaining approval from the Supreme People's Court, the Shanghai Maritime Court (“SMC”) issued a ruling recognising a commercial judgment issued by English High Court (case no. (2018) H72XWR No.11, the “SMC Ruling”). The SMC Ruling, for the first time, changed the interpretation of the "principle of reciprocity" concerning the Chinese [...]
