2024-03-13ARTICLES “China Oceanwide Holdings Group Co., Ltd v. Guo Wei” Beijing Financial Court (2022) Jing 74 Min Te No. 13 Li Lei In January 2024, the Supreme Court of the People's Republic of China (the “Supreme Court”) issued ten leading cases in respect of judicial review of arbitration. The fifth case, China Oceanwide Holdings Group Co., Ltd v. Guo Wei, addresses whether a guarantor is bound by an arbitration clause in the underlying contract in circumstances where the letter of guarantee does not provide for an arbitration clause. In that case, the Beijing Financial Court held that the guarantor, China Oceanwide Holdings Group Co., Ltd (“China Oceanwide”), was not bound by the arbitration agreement in the underlying agreement with Guo Wei, and that the arbitral tribunal consequently no jurisdiction over Guo Wei’s claim against the guarantor. By publishing the case as a leading case, the Supreme Court is effectively affirming the judgement of the Beijing Financial Court, and thereby confirming that a guarantor is generally not bound by an arbitration agreement in the underlying contract.More
In the shadow of an increasingly digitized world where data breaches have morphed into a global epidemic, China's Personal Information Protection Law (PIPL) stands as a noteworthy example of regulatory foresight and rigour. As we mark the two-year anniversary of this landmark legislation, there is unsurprisingly keen interest in its implications for both domestic and international enterprises. This legislation has not only recalibrated the power dynamic between consumers and corporations, it has also set a new benchmark for privacy protection on the global stage.More
The Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region (the "New Arrangement") came into force on 29 January 2024.
In comparison to the existing Arrangement of the Supreme People's Court between the Mainland and the HKSAR on Reciprocal Recognition and Enforcement of Decisions in Civil and Commercial Cases under Consensual Jurisdiction, which came into effect on 1 August 2008 (the “2008 Arrangement”), the New Arrangement reflects a number of significant developments.More
2024-03-13ARTICLES GUO Shuai, XING Jingyu The conflict of laws is a critical subject in foreign-related civil and commercial litigation. If not appropriately resolved, jurisdictional conflicts may give rise to parallel and duplicative litigation across borders, directly affecting the litigants’ core interests. One of the highlights in the amendment to the Civil Procedure Law (the “2023 amendment”) is to advance the rule of law in domestic and foreign-related affairs in an integrated manner. The 2023 amendment helps to clarify the rules on jurisdictional conflicts in cross-border litigation.More
On 18 January 2019, the Supreme People’s Court of the People’s Republic of China and the Hong Kong Government signed the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region.More
2023-12-22ARTICLES YI Yang; NAN Yang; PANG Ruoming Abstract: The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention, is one of the most important and comprehensive international treaties on the recognition and enforcement of foreign arbitral awards.More