On December 14, 2023, China Supreme People’s Court (“the Supreme Court”) rendered a second-instance judgment on the case of four Ningbo rare earth enterprises suing Hitachi Metals for abusing its dominant market position, overturning the first-instance judgment by the Ningbo Intermediate People’s Court (“Ningbo Intermediate Court”) and dismissing all claims of the plaintiffs in the
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Introduction to China’s Trade Sanctions System
Legislative Practice of Trade Sanctions in China
China’s trade sanctions system has counter and defensive characteristics and is established and continuously improved to address discriminatory and restrictive measures taken by foreign countries against Chinese citizens, enterprises, or other organizations, which deviate from international law and basic norms of international relations, as well as measures that…
China’s Regulator Released Draft Regulation to Reestablish Regulatory Framework
for Video Game Industry
China has been in lack of a comprehensive regulation governing online game industry in general since July 2019, when the Ministry of Culture and Tourism (“MOCT”) formally abolished the Interim Administrative Measures on Online Games promulgated by it in 2010. Since the National Press and Publication Administration (“NPPA…
China’s Personal Data Law – Legal and Practical Assessment of Compliance Risk
The enactment of the Personal Information Protection Law (“PIPL”) in 2021 establishes a legal framework regulating foreign and domestic companies alike in collecting personal information (“PI”) in China and its cross-border transfer (or export, using interchangeably below). PIPL has extra-territorial effect. Foreign companies processing Chinese PI remotely from their home countries are subject to PIPL’s…
Guiding Cases 199-201 issued by PRC Supreme People’s Court
Guiding Cases 199-201 Issued by the PRC Supreme People’s Court – Further Steps Toward a Pro-Arbitration Regime
On December 30, 2022, the Supreme People’s Court of the People’s Republic of China (“SPC”) released its 36th batch of six guiding cases, all of which relate to the judicial review of arbitration awards. Our previous article focused…
CHINA TO LOOSEN CROSS-BORDER DATA TRANSFER RULES
On 28 September 2023, the Cyberspace Administration of China (“CAC“) issued the Regulations for Standardising and Promoting Cross-Border Data Flows (Draft for Comments) (“Draft Regulations”) to solicit public comments. The Draft Regulations appear to overturn some of the CAC’s previous requirements in relation to cross-border data transfers.
Background
Legal mechanisms under
…Guiding Cases 196-198 Issued by the PRC Supreme People’s Court – Further Steps Toward a Pro-Arbitration Regime
LI Jilong (Anjie Broad Law Firm (Xiamen Office))
LI Xianglong(China University of Political Science and Law)
In 2010, the Supreme People’s Court of the People’s Republic of China (the “SPC”) issued the Provisions of the Supreme People’s Court on Case Guidance (the “Provisions”). The Provisions are widely considered…
Overview: Boundary for Foreign insurers’ Promotional Activities in China
I. Background
With the opening of the Chinese market to the outside world, the interaction between China (excluding jurisdiction as Hong Kong, Macau and Taiwan for the purpose of this article) and the rest of the world in the insurance industry has become more frequent. China has the second largest insurance market in the world…
Facing the Future: Chinese Regulators Grapple with Facial Recognition Technology
Introduction
Facial recognition technology (“FRT”), an innovation that has garnered both praise and concern, has become increasingly prevalent in our daily lives, from unlocking smartphones to clocking in at work. While it offers numerous benefits, such as convenience and improved security, it also raises significant concerns about privacy and security. To address these concerns, the…
PRC Court Pierced the Veil of Co-insurance and Found Reinsurance Relationship Established Between the Insurers
By Jia WAN
In a recent case published by Beijing Financial Court (the “BFC”), which was represented by AnJie Broad and classified as one of the typical financial cases for the year of 2022, the BFC pierced the veil of “co-insurance”, and confirmed that reinsurance legal relationship was established between two insurers.
The dispute arose…