2024-11-29ARTICLES Vera Zuo, Guo Shuai, Li Jiarong The struggle for corporate control is reflected not only in the balance of rights between minority shareholders and majority shareholders, but also in the weight given to the voice of each shareholder in corporate governance. Through the system of the powers and personnel of directors, supervisors, senior executives and legal representatives, shareholders can more conveniently participate in the daily operation and decision-making of the company, thus realizing effective control of the company.More
In the international trade in goods, the delivery of goods without the original bill of lading refers, as the phrase suggests on its face, to carriers or freight agencies delivering the goods being shipped to the consignee without the presentation of the original bill of lading. Although this practice may be convenient and meet the immediate needs of the trading parties in some cases, it also entails significant legal risks and potential economic losses.More
Consisting of two international commercial courts in Shenzhen and Xi’an respectively, the China International Commercial Court (CICC) is a permanent adjudicative organ established by the Supreme People’s Court. With its streamlined procedure, exceptional legal expertise (including in particular its judicial strength and the depth in its International Commercial Expert Committee), and provision of the “One-stop” Diversified International Commercial Dispute Resolution Mechanism which integrates litigation, mediation and arbitration and connects various institutions and platforms, the CICC aims to provide fair, professional and efficient dispute resolution service for international commercial disputes.More
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