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Dispute resolution mechanisms under the China-Taiwan strait Bilateral Investment Protection Agreement

Herbert Smith Freehills LLP
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China, Taiwan
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August 23 2012

On 9 August 2012, after two years of negotiation, Mainland Chinese and Taiwanese negotiators signed two cross-strait agreements; the Cross-strait Bilateral Investment Protection and Promotion Agreement ("IPA"), and the Cross-strait Customs Cooperation Agreement

CIETAC Beijing suspends its authorisation to CIETAC Shanghai and Shenzhen to accept and administer CIETAC cases

Herbert Smith Freehills LLP
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China
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August 13 2012

The internal conflict between CIETAC's Beijing headquarters and the Shanghai and South China (Shenzhen) sub-commissions has been going on for several months

New draft implementing regulation for the PRC Law on Guarding State Secrets released for discussion

Herbert Smith Freehills LLP
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China
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June 8 2012

The Legislative Affairs Office of the State Council of the PRC published recently the draft Implementing Regulation for the PRC Law on Guarding State Secrets (the "Regulation") for public comment

Beijing securities firm analysts convicted of state secret offences

Herbert Smith Freehills LLP
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China
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May 9 2012

Media in China recently reported the sentencing of two Beijing securities analysts to five years and six months in prison and six months in prison with one year probation respectively for obtaining and deliberately divulging State secrets relating to PRC macroeconomic data

China jails two PRC government officials for divulging state secrets

Herbert Smith Freehills LLP
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China
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November 16 2011

On 24 October 2011, the Supreme People's Procuratorate and the State Secrecy Bureau jointly held a press conference to notify that they had successfully prosecuted two cases involving PRC government officials disclosing State secrets in the form of macroeconomic data

Dispute resolution and governing law in China-related commercial contracts

Herbert Smith Freehills LLP
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China
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August 31 2011

Drafting governing law and dispute resolution clauses to be used in your China-related commercial contracts is not straightforward

"the Xue Feng case: PRC state secrets, intelligence and commercial information in mainland China"

Herbert Smith Freehills LLP
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China
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September 21 2010

The Beijing No.1 Intermediate People's Court has released its Criminal Judgment in the case of the US geologist, Mr Xue Feng ("Mr Xue"

PRC Tortious Liability Law: what does it mean for you?

Herbert Smith Freehills LLP
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China
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June 25 2010

The PRC Tortious Liability Law ("Tort Law") will come into force on 1 July 2010

A recap on bribery, State secret and trade secret offences in China

Herbert Smith Freehills LLP
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China
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April 20 2010

There has been extensive discussion within the business community as to whether the recent Rio Tinto decision has any implications for the way in which foreign businesses conduct their negotiations in mainland China, particularly in relation to the areas of bribery and dealing with State and trade secrets

ICC arbitration with a Chinese seat - the recent Ningbo decision

Herbert Smith Freehills LLP
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China
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November 20 2009

There has recently been much speculation about whether a court decision rendered by the Ningbo Intermediate Court (the "Ningbo decision") in Zhejiang Province, China may signal the start of a trend towards recognition by the PRC courts of arbitrations seated in China but not administered by mainland Chinese arbitration commissions such as CIETAC or the Beijing Arbitration Commission

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