2024-09-28ARTICLES Alan Li, Celine Cen, Zhang Yu Abstract: In recent years, with China’s increasing emphasis on opening-up, the recognition and enforcement of foreign judgments has become more readily provided for under China’s laws and judicial practice. In this regard, China has seen more and more interaction – and indeed tension – between its own laws and regulations on one hand, and foreign judgments on the other.More
2024-09-28ARTICLES Stella Lu, Wei Wenyan In the case of Wang Bin v Zhong Sihui, Zhong Sihui (the “defendant”) sought to set aside an enforcement order related to an arbitral award issued by the Shenzhen International Arbitration Court (“SCIA”) on the basis of ineffective notice having been received in the arbitration proceedings. Specifically, the defendant complained that the notice she had received had been sent via SMS to a number registered under her husband’s name. Rejecting this argument, the court found that the defendant had actual notice of the arbitration, citing inconsistencies in her testimony and supporting evidence.More
The Supreme People’s Court’s Guiding Case No. 201 is a significant precedent in the intersection of international sports law and domestic judicial proceedings in China. It revolves around a contractual labor dispute between a Serbian football coach and a Shanghai football club, which later transformed into a catering business. This case provides valuable insights into how Chinese courts perceive the legal status of rulings made by sports organizations.More
In the realm of arbitration, the principle of res judicata serves, among its many important purposes, to safeguard the finality and enforceability of arbitral awards. Res judicata has also been firmly established in the PRC Arbitral Law, but recent judicial decisions evidence its flexibility and intricacies.More
2024-07-12ARTICLES ZUO Tianyu, GUO Shuai, LI Jiarong Majority Rule is a fundamental principle in modern corporate governance, reflecting the democratic ethos of minority shareholders being bound by the majority in corporate law. While this ethos can enhance decision-making efficiency, it also engenders practical concerns about how best to protect the interests of minority shareholders.More