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Chinese Judicial Practice on the Validity of “Either Arbitration or Litigation” Clauses

2026-03-05ARTICLES Tianyu (Vera) Zuo, Maoyi (Emily) Yang

The validity of an arbitration agreement directly determines whether arbitral proceedings can be commenced and whether an arbitral award can be recognized and enforced. Under Chinese law, an arbitration agreement that provides for “either arbitration or litigation” is invalid. In practiceMore

The legal consequences of backdating paper bills of lading under letters of credit and use of surrendered bills of lading emerge from the China case, Ningbo Nanheng Import and Export Co. Ltd. v. Shinhan Bank Co. (2021) Zhe Min Zhong No. 156 [PRC]「1」

2026-03-05ARTICLES Saibo JIN **

When the beneficiary under the letter of credit presented the original marine paper bill of lading as per the documents required by the letter of credit to the issuing bank, the letter of credit terms also require the cargo carrier to first issue an electronic release bill of lading that records the true date of shipment and release the goods to the consignee designated by the issuing bank in LC.More

Efficient Arbitration Pathways under the Revised PRC Arbitration Law: An Analysis from the Party-Interest Optimization Perspective

2025-12-31ARTICLES Ping Zhao, Stella Lu, Xueli Ren, Ice Zhang, Weibing Chen

China’s newly revised Arbitration Law of the People’s Republic of China (2025 Revision) is guided by the principles of “efficiency, practicality, stability, and internationalization”. It introduces systematic optimization of arbitration procedures and incorporates several practical developments into the statutory framework, thereby laying a solid foundation for enhancing arbitration efficiency.More

Case Digest of CACV 600/2025 [2025] HKCA 936 Hyalroute Communication Group Ltd v Industrial and Commercial Bank of China (Asia) Limited

2025-12-31ARTICLES Teresa Wu, Jacqueline Law [Qualified GBA Lawyers]

Before the Court of Appeal (“the CA”) was, in this case, the Plaintiff’s renewed application for an interim anti-suit injunction (“ASI”) against the Defendant pending determination of its appeal, pursuant to a Summons filed on 26 August 2025 (“the Summons”).More

ANZ Bank, Manila Branch v. China National Electric Engineering Co., Ltd. & Bank of Jiangsu [2024] (2024) Zui Gao Fa Min Shen No. 2800 [PRC]

2025-12-31ARTICLES Saibo Jin*

Retrial application dismissed in case involving a dispute over alleged fraud and application the PRC Independent Guarantee Provisions to a standby LC governed by ISP98.More

Overseas Brands Entering into the Chinese Market- A Legal Guide to the Distributor Model

2025-11-19ARTICLES Jiwei (Salmon) ZHOU, Xing (Amy) LAI

With the conclusion of the 8th China International Import Expo, China has once again demonstrated its firm and unwavering commitment to the policy of opening up to the world. Despite withdrawal of certain foreign-invested enterprises from China due to cost and other factors in recent years, the Chinese market, with its huge middle-class consumers group and a resilient economic vitality, coupled with new open policies such as cross-border e-commerce imports, remains a strategic opportunity for many overseas brands. However, for overseas brands that are new to the Chinese market, setting up a company in China means high costs and complex management requirements. Therefore, choosing a Chinese company as a distributor has become an economical and convenient market entry strategy. Behind this seemingly simple cooperation model, there are certain legal risks and problems if the overseas brand owner is not prepared or just proceeds without caution.More

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