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类型 标题 作者/编者 机构 日期 下载量 浏览量
M&A OF INSURANCE COMPANIES: APPROACH SELECTION AND MAJOR ISSUES
M&A OF INSURANCE COMPANIES: APPROACH SELECTION AND MAJOR ISSUES
On 11 April 2018, the Governor of the People’s Bank of China, Yi Gang, announced at the Boao Forum for Asia (“BFA”) that the 50% foreign ownership restriction in the life insurance sector is to be lifted to 51% in the first half of ...
袁敏、林喆、宋靖豪和赖云婕 金杜律师事务所 2020-11-17 0 20
Case Study on the Decision of the Supreme People’s Court with respect to Shareholding Entrustment in Insurance Companies
Case Study on the Decision of the Supreme People’s Court with respect to Shareholding Entrustment in Insurance Companies
It is reported in the People’s Court Daily, issued by the Supreme People’s Court (hereinafter referred to as “Supreme People’s Court“) on 25 April 2018, that the the 3rd Circuit Court of the Supreme People’s Court ...
Wang Fengli, Yuan Min, Li Wenqiang and Guo Haizhen 金杜律师事务所 2020-11-17 0 23
2017 Typical Trademark Cases Released by the Supreme People’s Court of P.R.C
2017 Typical Trademark Cases Released by the Supreme People’s Court of P.R.C
On April 19, 2018, the Supreme People’s Court of the P.R.C released top 10 IP typical cases as well as additional 50 typical IP cases of the year 2017. This article has summarized 19 out of the 22 trademark cases among them which involves the r...
Jiao Hongbin 金杜律师事务所 2020-11-17 0 19
Which Is It for Online Taxi Drivers? Employment or Labor Service?
Which Is It for Online Taxi Drivers? Employment or Labor Service?
With the continuous development of “Internet Plus”, new industries such as online taxi-booking and webcast services that use network platforms to operate have been emerging. Employees working in new industries are different from employees...
Junlu Jiang and Chenkun Li 金杜律师事务所 2020-11-17 0 21
China is Re-shaping its Auto Industry
China is Re-shaping its Auto Industry
China is embarking on bold moves to re-shaping its auto industry policy. This follows recent announcements in relaxation of key restrictions on foreign investment in the auto sector. The National Development and Reform Commission (NDRC) is the body t...
Mark Schaub and Atticus Zhao 金杜律师事务所 2020-11-17 0 17
The Status Quo and Prospect of Foreign Access to Auto and Consumer Finance Companies
The Status Quo and Prospect of Foreign Access to Auto and Consumer Finance Companies
Given recent innovations in Chinese residents’ consumption concepts and the support of national policies, auto finance and consumer finance have both achieved relatively rapid growth. On 11 April, PBOC Governor Yi Gang (易纲) announced at the Boa...
栾剑琦、黄建贤、王珏和易忠云 金杜律师事务所 2020-11-17 0 14
Invocation of Presumptions and Burden of Proof in Patent Disputes over Manufacturing Processes
Invocation of Presumptions and Burden of Proof in Patent Disputes over Manufacturing Processes
Allocation of burden of proof is an area of great concern in a process patent infringement dispute. In practice, the accused infringing process is usually strictly controlled by the accused infringer and hard to approach, which poses great challenge...
Song Xinyue and Ge Min 金杜律师事务所 2020-11-17 0 20
Principles for Determining Damages Compensation in Intellectual Property Cases
Principles for Determining Damages Compensation in Intellectual Property Cases
On 27 February 2018, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the Opinions on Several Issues Concerning Heightening Reform and Innovation in Intellectual Property R...
Zhang Xiaoxia 金杜律师事务所 2020-11-17 0 21
Stay Focused on the Policies of Hainan’s Pharmaceutical and Healthcare Industry
Stay Focused on the Policies of Hainan’s Pharmaceutical and Healthcare Industry
The year of 2018 is a remarkable year in Hainan’s pharmaceutical and healthcare industry. The top-level strategy disclosed in one of President Xi’s remark and other regulations shed light on China’s central authority’s determination to accelerate the...
Huang Jianwen 金杜律师事务所 2020-11-17 0 23
China year in review –Where we have been and where we are going?
China year in review –Where we have been and where we are going?
2017 was a big year for the rule of law in China. We saw many legal initiatives aimed at expanding and improving options for cross border dispute resolution. The last twelve months have seen many notable developments in the cross-border disputes sphe...
Meg Utterback, Guo Shining, Holy Blackwell and Nicholas Lee 金杜律师事务所 2020-11-17 0 23
Belt and Road projects-Actions to success
Belt and Road projects-Actions to success
The Belt and Road Initiative (BRI) is an important and ongoing worldwide initiative in People’s Republic of China (PRC) , that the PRC has organised an annual Summit (Summit) in the Hong Kong Special Administrative Region to report on progress ...
Paul Starr and Monique Carroll 金杜律师事务所 2020-11-17 1 19
A practial guide to Chinese investor protections along the Belt and Road
A practial guide to Chinese investor protections along the Belt and Road
Investors journeying along Belt and Road Initiative (BRI) countries will be wary of the operational, political and legal risks that come along on the route. To mitigate these risks, aside from the usual prudent contracting and investment structuring,...
Donovan Ferguson, James McKenzie and Felicity Ng 金杜律师事务所 2020-11-17 1 27
The rise of Chinese investors as claimants: What are the likely impacts on international arbitration?
The rise of Chinese investors as claimants: What are the likely impacts on international arbitration?
In recent years, China has experienced unprecedented economic, military and diplomatic growth. China is now regarded as the number one economic superpower by the International Monetary Fund (IMF) on the basis of gross domestic product (GDP), surpassi...
Guo Shining, Edwina Kwan and Josephine Lao 金杜律师事务所 2020-11-17 1 21
Costs in international arbitration
Costs in international arbitration
While there is no universal approach to costs awards in international arbitration, “costs follow the event” is the starting point for most tribunals. Costs incurred in an arbitration can usually be divided into the following two categorie...
James Wang, Alexandra Pieniazek and BellaSkuthorp 金杜律师事务所 2020-11-10 1 27
China’s NDRC Issued Answers to FAQs on Outbound Investment, Clarifying the Application Scope of Sensitive Projects
China’s NDRC Issued Answers to FAQs on Outbound Investment, Clarifying the Application Scope of Sensitive Projects
In June 2018, the National Development and Reform Commission (“NDRC”) released the Answers to Frequently Asked Questions Concerning Outbound Investment by Enterprises (“Answers to FAQs”) on its official website, providing clar...
Wang Kaiding, Huang Mengting and Tang Xinran 金杜律师事务所 2020-11-10 0 22
How should Chinese banks effectively manage, enforce and restructure their non-performing loans?
How should Chinese banks effectively manage, enforce and restructure their non-performing loans?
As the Chinese economy enters the “new normal”, the Chinese government has been adjusting its industrial and credit-related policies and strengthening regulation of Chinese financial institutions. A large number of non-performing loans (NPLs) as well...
Feng Ma, Andrew Deszcz, David Lam, Molly Su and Andrew Fei 金杜律师事务所 2020-11-10 1 32
Global M&A: Know the differences btw PRC & foreign law contracts
Global M&A: Know the differences btw PRC & foreign law contracts
In cross border transactions, there is sometimes a misconception amongst both PRC and foreign parties that all contracts are by and large the same, whether governed by PRC law or foreign law, and that the key to a good contract is just proper draftin...
Yong Kaichang and Jackie(Jiahe) Yu 金杜律师事务所 2020-11-10 1 24
How to Remove a Company from the EAR Controlled Entity List
How to Remove a Company from the EAR Controlled Entity List
On August 1, 2018, the Bureau of Industry and Security issued a rule amending the Export Administration Regulations (“EAR”) by adding forty-four Chinese entities to the Entity List. Placement on the Entity List signifies that the End-User...
Laura Luo and Thomas Hsieh 金杜律师事务所 2020-11-10 1 25
Do state-owned enterprises enjoy sovereign immunity?
Do state-owned enterprises enjoy sovereign immunity?
Against the backdrop of the Belt & Road Initiative and more Chinese state-owned enterprises (“SOEs”) going outbound,concerns about whether Chinese investors have a probable path to judicial resolution of recovery from an SOE in case t...
Guan Feng (James) 金杜律师事务所 2020-11-10 1 25
Crossing Borders丨Civil liability of arbitrators
Crossing Borders丨Civil liability of arbitrators
Article 21 of the Spanish Arbitration Act (AA), governing the civil liability of arbitrators, has been receiving considerable attention since early 2017 as a result of the Supreme Court Judgment 102/2017 of the civil liability suit fled by PUMA SE.Th...
Alfredo Guerrero and Fernando Badenes 金杜律师事务所 2020-11-10 0 26
CIIE: Customs Regulations on Import Exhibits
CIIE: Customs Regulations on Import Exhibits
The first China International Import Expo (“CIIE”) unveiled in Shanghai on 5 November. The CIIE is the world’s first import expo held at the national level and also an important decision made by China to pursue a new round of high-l...
冯素芳,孙兴 金杜律师事务所 2020-11-10 0 24
CIIE: Customs Regulations on Import Exhibits
CIIE: Customs Regulations on Import Exhibits
The first China International Import Expo (“CIIE”) unveiled in Shanghai on 5 November. The CIIE is the world’s first import expo held at the national level and also an important decision made by China to pursue a new round of high-l...
冯素芳, 孙兴 2020-11-10 0 25
New Trends in the Judiciary: How to Dismiss Employees during the Probation Period?
New Trends in the Judiciary: How to Dismiss Employees during the Probation Period?
On April 24, 2017, Beijing Higher People’s Court and Beijing Labor and Personnel Dispute Arbitration Commission jointly issued the Answer on the Legal Application of Labor Dispute Cases (hereafter referred to as “the Answer”). Article 11, Section 3 o...
Linda LIANG and LIU Piao 金杜律师事务所 2020-11-10 1 28
China: A Thing of Beauty New Regulations Coming for Cosmetics
China: A Thing of Beauty New Regulations Coming for Cosmetics
Cosmetics is big business in mainland China and growing. The size and growth of the Chinese cosmetics market has not gone unnoticed by the authorities. The PRC authorities are now overhauling the system to better regulate the cosmetics industry. The ...
肖马克 刘冠男 郑未 金杜律师事务所 2020-11-09 1 40
Highlights in New MIIT Rule on Auto Admission
Highlights in New MIIT Rule on Auto Admission
On December 6, 2018, the Ministry of Industry and Information Technology (“MIIT”) of the People’s Republic of China (“PRC”) released the Administrative Regulation on Admission of Road Motor Vehicle Manufacturer and Products (“New MIIT Rule”), which w...
Xu Ping, Yao Lijuan (Jennifer) and Zhang Dai 金杜律师事务所 2020-11-09 1 38
2018 in Review – the Beginning of a New Era of AML Enforcement
2018 in Review – the Beginning of a New Era of AML Enforcement
In the past year, the enforcement of China’s Anti-Monopoly Law (“AML”) was characterised by continued activism and a number of new developments. China consolidated the functions of previous three antitrust agencies, i.e. merger review under the Minis...
Cheng Liu and Audrey Li 金杜律师事务所 2020-11-09 1 37
A Comprehensive Guide to Electronic Signature, from a Legal Perspective
A Comprehensive Guide to Electronic Signature, from a Legal Perspective
There are increasingly popular applications of electronic signature, or e-signature, in our daily life in an era of Internet and digital technology. In addition to the e-commerce, it is already a common practice to transmit and retain files in electr...
He Fang and Wang Bo 金杜律师事务所 2020-11-09 1 37
China Established a Centralized IP Appellate Tribunal
China Established a Centralized IP Appellate Tribunal
On 1 January 2019, the Supreme People’s Court (“SPC”) officially established an appellate-level intellectual property tribunal (“SPC IP Tribunal”), which is somewhat similar to the US Court of Appeals for the Federal Cir...
Ni Zhenhua(Ben) 金杜律师事务所 2020-11-09 1 38
What the New PRC Blockchain Regulations Mean
What the New PRC Blockchain Regulations Mean
Initial Coin Offerings (“ICO”) hit the global zeitgeist with a bang in 2017. The ICO investment phenomenon coupled with the meteoric rise of cryptocurrencies raised the profile of the underlying distributed ledger and blockchain technolog...
Mark Schaub, Stanley Zhou & David Hong 金杜律师事务所 2020-11-09 0 40
Direct Bank: Opportunities and Challenges
Direct Bank: Opportunities and Challenges
At the beginning of the Chinese New Year, the People’s Bank of China (the “PBOC“) issued an order (PBOC Order [2019] No.1) and a notice (Notice on Canceling the Corporate Bank Account Permit, Yin Fa [2019] No.41, “Notice No.41...
Chen Yun and Wang Rong 金杜律师事务所 2020-11-09 1 43