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China Law Insight

China Depth, International Expertise

Proportionate application of remuneration requirements: new European Banking Authority opinion

Posted in Global Network

By Tamsin Rickard, King & Wood Mallesons

The interpretation of staff remuneration rules for banks and certain investment firms across Europe looks set to be clarified, following a new opinion from the European Banking Authority (the “EBA”) which was published on 21 December 2015.

The opinion relates to the so-called “proportionality principle” under CRD IV, the EU legislation which, amongst other things, sets out requirements in relation to staff remuneration for banks and certain investment firms. CRD IV strengthened and revised its predecessor (CRD III) in response to the financial crisis.

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Posted in Global Network

作者:Tamsin Rickard  金杜律师事务所





Posted in Tax

作者: 叶永青 赵文祥 金杜律师事务所商务合规部




Can employers terminate the employment contract due to an employee’s giving birth to a third child?

Posted in Labor & Employment

By Xu Xiaodan and Liu Chang King & Wood Mallesons’ Commercial & Regulatory Group

Txu_xiaodanhe Amendment of the PRC Population and Family Planning Law has been officially implemented as of January 1st, 2016. The aforementioned Amendment has changed China’s previous one-child policy to one that encourages couples to have a second child, establishing the “two-child policy”, under which couples are allowed to have additional children if legal requirements are met.

The issue to be addressed here, is whether an employer may terminate an employee’s employment contract, if the latter violates the national family planning policy by giving birth to a third child. This issue has baffled employers for a long time, over which no unified opinions have been formed in judicial practice.

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Posted in Labor & Employment

作者:徐晓丹 刘畅  金杜律师事务所商务合规部





CIETAC issues optional Guidelines on Evidence

Posted in Global Network

By Louise England and Long Dong King & Wood Mallesons’ Dispute Resolution Group

Prior to the China International Economic and Trade Arbitration Commission (CIETAC) Guidelines on Evidence (Guidelines) coming into effect on 1 March 2015, CIETAC tribunals relied on a combination of the Arbitration Law of the People’s Republic of China (Arbitration Law), the CIETAC Arbitration Rules 2015 (Arbitration Rules), the IBA Rules on the Taking of Evidence in International Arbitration (IBA Rules) and “the Chinese principles of evidence in civil litigation that are suitable for use in arbitration” when determining evidentiary matters.

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Posted in Global Network

作者:Louise England  龙冬 金杜律师事务所争议解决部


在中国国际经济贸易仲裁委员会(贸仲)的《证据指引》(《指引》)于2015年3月1日生效之前,贸仲的仲裁庭在处理证据问题时,结合适用《中华人民共和国仲裁法》(《仲裁法》)和国际律师协会的《国际商事仲裁取证规则》(《IBA规则》),以及“中国民事诉讼中适合于仲裁的证据原则” 。


Post-election investment in Nigeria: a brave new world?

Posted in Global Network

By Ian Hargreaves King & Wood Mallesons’ London Offcie

hargreaves_iA sea change in Nigeria’s political and economic history took place on 28 March 2015. What was widely expected to be a tense and possibly violent election proved to be a peaceful democratic handover with General Muhammadu Buhari becoming the first Nigerian to unseat a sitting President at the ballot box.

The euphoria that followed found its way to the markets almost immediately. Shortly after President Goodluck Jonathan’s concession, the Nigerian stock market recorded an unprecedented rally on gaining NGN 904 billion, as investors reacted positively to the peaceful conclusion of the elections.

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Posted in Global Network





Are you ready for ChAFTA? Our predictions for business in 2016

Posted in Global Network

By King & Wood Mallesons

After a decade of negotiations and over a year of fine tuning, the much anticipated China-Australia Free Trade Agreement (ChAFTA), which was signed on 17 June 2015, will finally come into force on 20 December 2015, cementing the most favourable trade deal that China has concluded with any developed economy.

Under the agreement, more than 86 per cent of Australia’s goods exports to China (worth more than $86 billion in 2014) will enter duty free, rising to 96 per cent when ChAFTA is fully implemented on 1 January 2016.

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