October 2014

Authored by Arthur Dong (dongxiao@anjielaw.com) at AnJie Law Firm

The Hong Kong International Arbitration Centre (“HKIAC”) has recently revised its Model Arbitration Clause to include a choice of law provision.

"Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

The law of this arbitration clause shall be … (Hong Kong law).

The seat of arbitration shall be …(Hong Kong).

The number of arbitrators shall be … (one or three). The arbitration proceedings shall be conducted in …(insert language)."

It’s understood that this change is aimed at advancing the efficiency and to avoid unnecessary twists and turns of arbitration proceedings. From the perspective of a Chinese practitioner, this addition is a highly sophisticated development.Continue Reading Reflections on HKIAC’s Revised Model Arbitration Clause and Its Impact on Chinese Practice

Authored by He Jing (hejing@anjielaw.com) at AnJie Law FIrm

On October 9, 2014, China’s Supreme People’s Court issued a new judicial interpretation regarding online infringement of personal rights. This judicial interpretation is intended to deal with the increasing problem of online defamation and unfair competition activities in China. The wide use of social media, such as microblogs and WeChat, has dramatically increased the risks of, and damages caused by, defamatory statements and illegal disclosures of privacy.Continue Reading Supreme People’s Court issues rules on online infringement of personal rights

Concurrences Competition Law Journal, in partnership with the New York University School of Law, will hold its inaugural conference "Antitrust in Emerging and Developing Countries” on Friday, October 24, 2014, at the NYU campus. This one-day conference (8:30am to 6:30pm) brings together prestigious speakers from across the world. Leading lawyers, in-house consultant, and enterprises senior managers from emerging and developing countries like China, Brazil, Mexico, South Africa, among other jurisdictions will participate in the event. Continue Reading Announcement for Concurrences Journal Event on Antitrust in Developing Countries

Authored by He Jing (hejing@anjielaw.com) at AnJie Law Firm

After an expedited legislative process over the last 9 months, China’s legislature passed a bill on August 31 announcing that three specialized IP courts will open up in Beijing, Shanghai and Guangzhou.  Supreme People’s Court is in charge of the actual operational details and has vowed to have these courts up and running by the end of 2014.  All the three specialized IP courts will be intermediate-level courts, meaning that they will handle many cases as the court of first instance and the decisions may be appealed to provincial-level higher people’s courts. Continue Reading Analysis of the New Specialized Courts in China