Foshan Intermediate People’s Court (2021) Yue 06 Xie Wai Ren No.1
[Recognition of a foreign arbitral award concerning an international purchase contract and involving issues of representation powers and lack of due notice]More
Last year, China amended its Civil Procedure Law. On 1 January 2024, the amended Civil Procedure Law was implemented. The amended Civil Procedure Law elevated the principle of forum non conveniens to a legal provision for the first time, and further refined the rules for handling cases under that principle.
Over the past decade, Chinese courts have rarely applied the principle of forum non conveniens due to the strict criteria for its application. Judges have also tended to adopt a more cautious approach when deciding whether a case is of interest to Chinese citizens, enterprises, and other organizations. This article will discuss the development and future trend of the doctrine of forum non conveniens in China in light of this historical backdrop, both in terms of its evolution and application.More
In the case of Reliance Infrastructure Limited v. Shanghai Electric Group Co., Ltd. [2024] SGHC(I) 3, the Singapore International Commercial Court ("SICC") dismissed Reliance Infrastructure Limited ("Reliance Infra")'s application for revocation of an arbitral award. Reliance Infra had argued, inter alia, that (a) the Singapore International Arbitration Centre (“SIAC”) lacked jurisdiction’ (b) the award had been procured by fraud; and (c) the award was in any event contrary to the public policy of Singapore. In the challenged award, the tribunal had ordered Reliance Infra to pay Shanghai Electric approximately US$146 million.
The principal question in this case was whether Reliance Infra, by not alleging forgery in the signature of the arbitration agreement during the arbitration proceedings, was deemed to have waived its right to object to the arbitral tribunal's jurisdiction on that ground.More
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