The changing face of China's Civil Procedure Law: effects of the recent amendments
China’s recently amended Civil Procedure Law (CPL) will come into force on January 1, 2013. Below we outline some of the changes, also highlighting how some of them may impact intellectual property cases in Chinese courts.
Before the amendment, the CPL allows parties to a contract dispute to choose a forum, by written agreement, from a number of jurisdictions, such as the jurisdiction where the contract was executed. According to Article 34 of the amended CPL, it is now possible for parties in both contract and other property related disputes to agree on a jurisdiction in case of dispute. In addition, apart from listing the jurisdictions that parties may choose from as before, the wording of Article 34 also indicates that parties may choose other jurisdictions that have an actual connection with the dispute (although it does not clearly defined what “actual connection” means). All in all this means that there will be added possibilities to consider in terms of the choice of forum in property related disputes, including IP disputes…
If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.
Click on the link above to download briefing.
News from Hogan Lovells
News from The Lawyer
Briefings from Hogan Lovells
Judgments handed down from the People’s Court all over the country will be available online from 1 January 2014, as part of the initiative by the Supreme People’s Court of China (SPC) to increase judicial transparency.
An issue that comes up fairly regularly in redundancy selection is whether employers must consider all employees in similar roles or whether they can opt for a ‘pool of one’.
Analysis from The Lawyer
The Lawyer’s latest Top 50 litigation firms list shows that business for dispute specialists is roaring along while new in-depth detail reveals the winning strategies
The Russian legal market faces a new era as the government opens the door to greater business transparency, but not everything is open to scrutiny