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        China Justice Observer

        中司觀察

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        A Chinese Judgment Denied Enforcement by Court of NSW Australia, Due to Defective Service by Post?

        Meng Yu 余萌

        In 2023, the Supreme Court of New South Wales, Australia ruled to refuse the enforcement of a Chinese monetary judgment on the ground that the judgment debtor had been denied procedural fairness arising from defective service by post (Zhou v Jing [2023] NSWSC 214).

        What’s New for China’s Rules on Foreign Judgments Recognition and Enforcement? - Pocket Guide to 2023 China’s Civil Procedure Law (1)

        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.

        August 2023 Update: List of China’s Cases on Recognition of Foreign Judgments

        Guodong Du 杜國棟 , 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.)

        About CJO

        China Justice Observer (CJO) is committed to presenting the Chinese judicial system.

        Founders

        Meng Yu 余萌
        Meng Yu 余萌
        Guodong Du 杜國棟
        Guodong Du 杜國棟

        Sponsor

        Academy for the Rule of Law at China University of Political Science and Law
        中國政法大學全面依法治國研究院

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        Are Directorship Agreements Arbitrable in China?

        Dennis (Yongquan) Deng 鄧永泉

        No, the agreement, at least the part relating to the organizational structure and internal governance matters, may not be arbitrable, says Beijing Second Intermediate People's Court in Tang v. Beijing XX Decoration Technology Company (2019).

        Seen From a German Perspective – The Chinese Foreign Investment Law

        Dr. Stephan M. Ebner

        German investors benefit from the new Chinese Foreign Investment Law.

        Deepen Interregional Judicial Assistance, Uphold and Improve the “One Country, Two Systems” Principle - Comments on the Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR

        Jin Huang 黃進

        The Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong SAR (2020) provides detailed interpretation on reciprocal enforcement of arbitral awards, and further refines the interregional judicial assistance system.

        Featured Topics

        International Service of Process in China Breakthrough for Collecting Judgments in China Series Guide to China's Civil Evidence Rules China Legal Research Guide Civil litigation in China 101 China's Supreme People's Court Evidence in Civil Proceedings in China China Laws Portal Recognition and Enforcement of Foreign Judgments in China China International Commercial Court Internet courts in China Chinese Courts Recognizing and Enforcing Foreign Arbitral Awards in China Voice of Chinese Judges China's Justice under Belt and Road Initiative People's Procuratorate

        China Legal Trends

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        China Enacts Academic Degrees Law

        CJO Staff Contributors Team

        China's legislature passed the Academic Degrees Law to regulate degree-granting, ensure degree quality, and protect the rights of degree applicants, effective January 1, 2025.

        China Publishes Typical Cases to Protect Women and Children

        CJO Staff Contributors Team

        In April 2024, China's Supreme People's Procuratorate, alongside other organizations, released 12 typical cases to guide courts in strictly punishing crimes against women and children and to encourage victims to seek legal protection.

        SPP Publishes First IP Crime Prosecution White Paper

        CJO Staff Contributors Team

        In April 2024, China's Supreme People's Procuratorate (SPP) released a white paper on IP crime prosecution, highlighting the rise in IP crime cases from 2021 to 2023 and significant cases in emerging technologies.

        A Chinese Judgment Denied Enforcement by Court of NSW Australia, Due to Defective Service by Post?

        Meng Yu 余萌

        In 2023, the Supreme Court of New South Wales, Australia ruled to refuse the enforcement of a Chinese monetary judgment on the ground that the judgment debtor had been denied procedural fairness arising from defective service by post (Zhou v Jing [2023] NSWSC 214).

        China Law in One Minute

        View All

        China Issues Regulation on Ecological Protection Compensation

        CJO Staff Contributors Team

        In April 2024, China issued the Regulation on Ecological Protection Compensation, aiming to incentivize and compensate ecological protectors through fiscal transfers, interregional agreements, and market mechanisms.

        China Issues New Regulation on Consumer Protection

        CJO Staff Contributors Team

        On March 15, 2024, China issued a new regulation to implement the Consumer Protection Law, addressing issues like price discrimination with big data, effective July 1, 2024.

        China Revises State Secrets Protection Law

        CJO Staff Contributors Team

        China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.

        2024 Guide to Enforce Russian Judgments in China-CTD 101 Series

        CJO Staff Contributors Team

        Can I sue Chinese companies in Russia and then enforce a Russian judgment in China?

        Insight: China Justice

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        A Chinese Judgment Denied Enforcement by Court of NSW Australia, Due to Defective Service by Post?

        Meng Yu 余萌

        In 2023, the Supreme Court of New South Wales, Australia ruled to refuse the enforcement of a Chinese monetary judgment on the ground that the judgment debtor had been denied procedural fairness arising from defective service by post (Zhou v Jing [2023] NSWSC 214).

        A Chinese Judgment Denied Enforcement in Australia, As "Public Announcement" against Natural Justice?

        Meng Yu 余萌

        In 2023, the Supreme Court of Victoria, Court of Appeal, Australia, set aside a summary judgment for the enforcement of a Chinese monetary judgment on the ground that the judgment debtor had been denied natural justice (Yin v Wu [2023] VSCA 130).

        First Case of Reciprocal Commitment: China Requests Azerbaijan to Enforce its Judgment Based on Reciprocity

        Meng Yu 余萌

        In 2019, in the Zhou et al. v. Vusal case, China's request to Azerbaijan for judgment recognition and enforcement was accompanied by its reciprocal commitment through a diplomatic note, marking the first time China made a reciprocal commitment to a foreign country regarding recognition and enforcement of foreign judgments.

        Decoding the Turning Point: A Closer Look at China’s Recognition of Japanese Bankruptcy

        Meng Yu 余萌

        This follow-up article focuses on the Chinese Court's detailed review of the Shanghai International Corporation case in 2023, highlighting the significance of reciprocity in cross-border bankruptcy proceedings and underscoring China's evolving approach to recognizing foreign judgments (See In re Shanghai International Corporation (2021) Hu 03 Xie Wai Ren No.1).

        Insight: China Legislation

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        China Updates Company Law on 30th Anniversary, introducing Key Changes to Governance and Shareholding

        CJO Staff Contributors Team

        In December 2023, the Seventh Session of the Standing Committee of the Fourteenth National People’s Congress (NPC) promulgated the revised Company Law, introducing significant changes to governance, shareholding, and shareholder responsibilities.

        Thus Spoke Chinese Judges on Foreign Judgments Recognition and Enforcement: Insights from Chinese Supreme Court Justices on 2023 Civil Procedure Law Amendment (4)

        Meng Yu 余萌

        The 2023 Civil Procedure Law introduces systematic regulations to enhance the recognition and enforcement of foreign judgments, promoting transparency, standardization, and procedural justice, while adopting a hybrid approach for determining indirect jurisdiction and introducing a reconsideration procedure as a legal remedy.

        Thus Spoke Chinese Judges on Taking of Evidence Abroad: Insights from Chinese Supreme Court Justices on 2023 Civil Procedure Law Amendment (3)

        Meng Yu 余萌

        The 2023 Civil Procedure Law introduces a systematic framework for taking of evidence abroad, addressing longstanding challenges in civil and commercial litigation, while also embracing innovative methods like using instant messaging devices, thereby enhancing efficiency and adaptability in legal procedures.

        Thus Spoke Chinese Judges on Cross-border Service of Process: Insights from Chinese Supreme Court Justices on 2023 Civil Procedure Law Amendment (2)

        Meng Yu 余萌

        The 2023 Civil Procedure Law adopts a problem-oriented approach, addressing difficulties in the service of process for foreign-related cases by expanding channels and shortening the service by publication period to 60 days for non-domiciled parties, reflecting a broader initiative to enhance efficiency and adapt legal procedures to the complexities of international litigation.

        Latest Articles

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        China Enacts Academic Degrees Law

        Wed, 31 Jul 2024 China Legal Trends CJO Staff Contributors Team

        China's legislature passed the Academic Degrees Law to regulate degree-granting, ensure degree quality, and protect the rights of degree applicants, effective January 1, 2025.

        China Publishes Typical Cases to Protect Women and Children

        Wed, 31 Jul 2024 China Legal Trends CJO Staff Contributors Team

        In April 2024, China's Supreme People's Procuratorate, alongside other organizations, released 12 typical cases to guide courts in strictly punishing crimes against women and children and to encourage victims to seek legal protection.

        SPP Publishes First IP Crime Prosecution White Paper

        Wed, 31 Jul 2024 China Legal Trends CJO Staff Contributors Team

        In April 2024, China's Supreme People's Procuratorate (SPP) released a white paper on IP crime prosecution, highlighting the rise in IP crime cases from 2021 to 2023 and significant cases in emerging technologies.

        A Chinese Judgment Denied Enforcement by Court of NSW Australia, Due to Defective Service by Post?

        Wed, 24 Jul 2024 Insights Meng Yu 余萌

        In 2023, the Supreme Court of New South Wales, Australia ruled to refuse the enforcement of a Chinese monetary judgment on the ground that the judgment debtor had been denied procedural fairness arising from defective service by post (Zhou v Jing [2023] NSWSC 214).

        SPC Opinion: Caring for Minors Reminders in Divorce Cases

        Wed, 24 Jul 2024 China Legal Trends CJO Staff Contributors Team

        In April 2024, China's Supreme People's Court (SPC) issued guidelines requiring courts to remind divorcing parents of their responsibilities towards minors to ensure their physical and mental well-being.

        SPC Releases Top 10 IP Cases (2023)

        Wed, 24 Jul 2024 China Legal Trends CJO Staff Contributors Team

        In April 2024, China's Supreme People's Court (SPC) released the top 10 IP cases and 50 typical IP cases of 2023, emphasizing the protection of IP rights, including a notable ruling on Siemens trademark infringement and unfair competition.

        SPC Unveils 2023 IP Protection Report

        Wed, 24 Jul 2024 China Legal Trends CJO Staff Contributors Team

        In April 2024, China's Supreme People's Court(SPC) released its 2023 report on intellectual property protection, highlighting a 3.41% increase in accepted cases, and a 117% rise in punitive damages awarded.

        Shanghai Court Releases 2023 Typical Bankruptcy Cases, Including Mainland Assistance in Hong Kong Insolvency Proceedings

        Thu, 11 Jul 2024 China Legal Trends CJO Staff Contributors Team

        In March 2024, the Shanghai Bankruptcy Court published 10 typical cases from 2023, highlighting cross-border insolvency cooperation, including a landmark case of mainland assistance in Hong Kong insolvency proceedings (In re Hong Kong Fresh Water International Group Ltd).

        China Issues Regulation on Ecological Protection Compensation

        Thu, 11 Jul 2024 China Law in One Minute CJO Staff Contributors Team

        In April 2024, China issued the Regulation on Ecological Protection Compensation, aiming to incentivize and compensate ecological protectors through fiscal transfers, interregional agreements, and market mechanisms.

        SPC Publishes Typical Cases on Public Security Crimes

        Thu, 11 Jul 2024 China Legal Trends CJO Staff Contributors Team

        In April 2024, China's Supreme People's Court (SPC) released five typical cases illustrating crimes against public security, emphasizing clarifications on trial criteria and sentencing principles, featuring a case involving serious injuries from objects thrown off a high-rise building.

        China Issues New Regulation on Consumer Protection

        Thu, 11 Jul 2024 China Law in One Minute CJO Staff Contributors Team

        On March 15, 2024, China issued a new regulation to implement the Consumer Protection Law, addressing issues like price discrimination with big data, effective July 1, 2024.

        Beijing Court Grants Swift Interim Measures for HKIAC Arbitration

        Wed, 03 Jul 2024 China Legal Trends CJO Staff Contributors Team

        In March 2024, the Beijing Fourth Intermediate People’s Court swiftly granted interim measures within 24 hours of the case filing, supporting an arbitration administered by the Hong Kong International Arbitration Center (HKIAC).

        China Issues Action Plan to Attract Foreign Investment

        Wed, 03 Jul 2024 China Legal Trends CJO Staff Contributors Team

        In March 2024, China's State Council released an action plan, outlining 24 measures to attract foreign investment, focusing on expanding market access and enhancing investment liberalization.

        Beijing Court Upholds Workers' Right to Offline Rest

        Wed, 03 Jul 2024 China Legal Trends CJO Staff Contributors Team

        The Beijing No. 3 Intermediate People's Court ruled that workers are entitled to overtime pay for “invisible overtime work” conducted via social media outside of working hours, protecting their right to “offline rest”.

        China Revises State Secrets Protection Law

        Wed, 03 Jul 2024 China Law in One Minute CJO Staff Contributors Team

        China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.

        SPC Releases Arrangement on Mainland-Hong Kong Judgment Recognition and Enforcement

        Wed, 03 Jul 2024 China Legal Trends CJO Staff Contributors Team

        China’s Supreme People’s Court (SPC) has announced a new arrangement for reciprocal recognition and enforcement of civil and commercial judgments between Mainland China and Hong Kong, effective January 29, 2024.

        A Chinese Judgment Denied Enforcement in Australia, As "Public Announcement" against Natural Justice?

        Wed, 26 Jun 2024 Insights Meng Yu 余萌

        In 2023, the Supreme Court of Victoria, Court of Appeal, Australia, set aside a summary judgment for the enforcement of a Chinese monetary judgment on the ground that the judgment debtor had been denied natural justice (Yin v Wu [2023] VSCA 130).

        China Announces 2024 State Compensation Standard for Violations of Personal Freedom

        Wed, 26 Jun 2024 China Legal Trends CJO Staff Contributors Team

        From 20 May 2024, the compensation standard is CNY 462.44 (approx. USD 63.75) per day, an increase of CNY 25.55 (approx. USD 3.5) compared to 2023.

        China Launches People's Courts Case Database for Public

        Wed, 26 Jun 2024 China Legal Trends CJO Staff Contributors Team

        In February 2024, China's Supreme People's Court launched the People's Courts Case Database, which provides public access to authoritative case references and aims to ensure consistent application of laws. This Database is intended to complement, rather than replace, the China Judgments Online, a flagship platform of China’s open justice that has been operational since 2013.

        China Issues Regulations for Carbon Emissions Trading

        Wed, 26 Jun 2024 China Legal Trends CJO Staff Contributors Team

        In February 2024, China's State Council issued interim regulations to establish a legal framework for carbon emissions trading, effective May 1, 2024, to support carbon reduction and neutrality goals.

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