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Shift of burden of proof in money laundering cases in China

Freshfields Bruckhaus Deringer LLP
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China
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February 17 2010

In November 2009 the Supreme People's Court announced a judicial interpretation that partially reverses the burden of proof for the "knowledge" element (similar to mens rea at common law) in money laundering offences

Patent litigation in Asia: People’s Republic of China

Freshfields Bruckhaus Deringer LLP
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China
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December 28 2007

Chinese law provides two routes for obtaining relief from patent infringement: through the administrative state bodies responsible for patent matters or through the court system

China's new provisions for improved court procedures

Freshfields Bruckhaus Deringer LLP
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China
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June 1 2007

The Supreme People's Court of China (the SPC) has recently promulgated two new sets of provisions on court procedures, both of which came into force on 1 January 2007

Resale price maintenance: is it 'per se' illegal in china?

Freshfields Bruckhaus Deringer LLP
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China
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February 6 2013

In recent weeks, there have been a number of high-profile enforcement actions against resale price maintenance practices in China. Despite this

Application of law in civil trials of unfair competition cases

Freshfields Bruckhaus Deringer LLP
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China
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June 1 2007

On 12 January 2007, the Supreme People's Court promulgated its interpretation on selected issues relating to the application of the law in civil trials of unfair competition cases (the Interpretation), effective as of 1 February 2007

PRC court strikes down liquidated damage clause

Freshfields Bruckhaus Deringer LLP
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China
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January 29 2008

Liquidated damage clauses are clauses in contracts by which parties agree that a fixed sum is payable upon breach of the contract

China Supreme People’s Court confirms enforceability of Hong Kong ad hoc arbitral awards in the PRC

Freshfields Bruckhaus Deringer LLP
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China, Hong Kong
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January 29 2008

The China Supreme People’s Court (the SPC) has issued a recent document confirming that awards made in ad hoc arbitration proceedings in Hong Kong are enforceable in the PRC

China issues circular addressing enforcement of court judgments and orders

Freshfields Bruckhaus Deringer LLP
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China
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January 29 2008

Foreign parties who have been involved in Chinese proceedings will be aware that obtaining a favourable court or arbitration ruling is only half the battle won

First reported case of a China ICC award being enforced in China

Freshfields Bruckhaus Deringer LLP
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China
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October 30 2009

There has long been interest over whether courts in the People’s Republic of China (PRC), when confronted by an International Chamber of Commerce (ICC) award made in the PRC, would recognise and enforce it

China Supreme People’s Court confirms enforceability of Hong Kong ad hoc arbitral awards

Freshfields Bruckhaus Deringer LLP
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China, Hong Kong
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November 30 2007