2025-04-25ARTICLES Alan Li, Celine Cen, Huang Ziyi With cross-border disputes on the rise, the recognition and enforcement of foreign court judgments in China has become a matter of increasing importance. This article provides an overview of the legal framework and the applicable process for the recognition and enforcement of foreign court judgements in China. This covers, inter alia, the application and case filing stage, the Chinese courts’ examination of the application and their considerations in granting or refusing recognition and enforcement, as well as the ultimate ruling on the application and enforcement thereafter.More
On April 15, 2024, the Eastern Caribbean Supreme Court (Territory of the Virgin Islands) (“the BVI Court”), held that even partial arbitral awards can be final and binding. In the case of Global Mining Development L.P. and Gerald Metals LLC (“Global/Gerald”) v China National Gold Group Hong Kong Limited (“CNG”) (“the Case”), the BVI Court recognized and enforced two partial awards under the auspices of the Hong Kong International Arbitration Centre (HKIAC), on the basis that partial awards not affected by “ordinary recourse” are binding, notwithstanding that the arbitral tribunal retains the authority to issue further orders.More
Asia's most popular arbitration institutions, CIETAC, SIAC, and HKIAC, have all revised their arbitration rules in the last 2 years. These revisions have sought to introduce new measures enhancing the efficiency of arbitration. As a quick path to an efficient arbitration, the expedited arbitration procedures may be of particular interest to commercial parties. Focusing on the expedited arbitration procedures in the CIETAC, SIAC, and HKIAC arbitration rules, this analysis provides an overview of the threshold amounts for expedited procedures, the structural features of each procedure and potential risks in the adoption of such procedures – notably with imperfect estimations of the arbitration duration.More
2025-02-19ARTICLES Stella Lu, Jiamin Zhang Economic sanctions are measures imposed by a country to restrict transactions between its natural and corporate persons on the one hand, and targeted individuals, entities, or countries on the other. They typically arise in pursuit of a country’s foreign policy and national security objectives, but have important commercial consequences. When the economic sanctions a country imposes cause difficulties for one party to fulfill its contractual obligations, can the affected party invoke force majeure as a defense to avoid liability? Under Chinese law, the validity of a sanctions clause depends on whether the circumstances outlined in the clause meet the essential criteria of force majeure.More
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