自2002年最高人民法院颁布关于审理证券市场虚假陈述民事赔偿纠纷的司法解释(1)后，中国证监会的行政处罚决定或者人民法院的刑事判决一旦认定上市公司构成虚假陈述，往往引发大批投资者对上市公司提起民事赔偿诉讼。但如果上市公司应对得当，并非必然赔偿投资者的投资损失。近日，中电广通股份有限公司（“中电广通”）应对股民提起的证券虚假陈述民事赔偿案(2)，法院最终判决驳回股民全部赔偿请求。
Will Public Companies Administratively Sanctioned for Misrepresentation be Inevitably Made to Bear Civil Liability? — A Case Analysis on Liu vs.CEC CoreCast Corporation Limited.
By King and Wood on
Posted in Dispute Resolution
By Zhang Baosheng and Zhou Wei of King & Wood’s Dispute Resolution Group
Since the Supreme People’s Court released interpretations regarding civil liability arising from false statements in securities markets in 2002, (1) a large number of investors have filed lawsuits against listed companies as soon as an administrative penalty decision is issued by China Securities Regulatory Commission ("CSRC"), or a criminal conviction is confirmed by the People’s Court for false statements. Under such circumstances, should the listed companies successfully utilize correct legal tactics, they do not necessarily have to bear the burden of civil compensation to the investors. In a recent case, Liu vs. CEC CoreCast Corporation Limited., the People’s Court dismissed all claims filed by the investor for compensation on the grounds of false statements against CEC CoreCast Corporation Limited.(2 )
中国劳动争议调解仲裁制度的新变化—-解读《中国人民共和国劳动争议调解仲裁法》
By King and Wood on
Posted in Labor & Employment
《中华人民共和国劳动争议调解仲裁法》（“《调解仲裁法》”）于2007年12月29日通过，并于2008年5月1日起生效。该法在很大程度上改变了原有的劳动争议调解仲裁制度。本文主要通过新旧制度的对比，分析该法带来的新变化。
New Developments in the Mediation and Arbitration of Labor Disputes in China
By King and Wood on
Posted in Labor & Employment
By Linda Liang of King & Wood’s Corporate Group
The Law on Mediation and Arbitration of Labor Disputes of the People’s Republic of China ("Mediation and Arbitration Law") was adopted on December 29, 2007 and became effective as of May 1, 2008. The law has significantly streamlined China’s labor dispute mediation and arbitration regime. This article will analyze these changes by comparing the old and new systems.
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The PRC Antimonopoly Enforcement Agencies and the US Antitrust Agencies signed Antitrust MOU
By King and Wood on
Posted in compliance
Susan Ning, Ding Liang
On July 27, 2011, the National Development and Reform Commission (NDRC), the Ministry of Commerce (MOFCOM) and the State Administration for Industry and Commerce (SAIC) signed Anti-trust Memorandum of Understanding (MOU) with their US counterparts, the U.S. Federal Trade Commission (FTC) and Department of Justice (DOJ).
The MOU provides for high-level consultations among all five agencies as well as separate communications between individual agencies. The MOU also lists several specific areas for cooperation, including:
The Department of Price Supervision of NDRC was renamed the Price Supervision and Anti-monopoly Bureau
By King and Wood on
Posted in compliance
Susan Ning, Ding Liang
According to officials of the National Development and Reform Commissions (NDRC), the Department of Price Supervision of NDRC was renamed as the Price Supervision and Anti-monopoly Bureau and the internal offices are under reconstruction[1].
The following is a diagram of the current State Council Anti-monopoly Enforcement Agencies’s organizational structure:
无涉外因素合同中仲裁机构和仲裁规则的选择
By King and Wood on
Posted in Dispute Resolution
由于对中国司法制度和仲裁制度的陌生或偏见，外国公司在订立合同时对争议解决条款的关注大大高于其它条款。而在争议解决条款中，它们最为关心的问题之一则是仲裁机构和仲裁规则的选择。在决定选择恰当的仲裁机构及仲裁规则前，外国公司应考虑下列法律问题。
Forum Shopping in China: CIETAC vs. UNCITRAL
By King and Wood on
Posted in Dispute Resolution
By Huang Tao and Dai Yue of King & Wood’s Dispute Resolution Group
Lacking knowledge of and exposure to China’s judicial and arbitrational system, foreign companies usually worry about dispute resolution clauses more than any other clause in a contract. Deciding which arbitration tribunal and what arbitration rules to specify becomes a sensitive and important aspect of contract negotiations for wholly foreign owned entities ("WOFE") and cooperative joint ventures ("CJV").
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MIIT Issues Guidance to Maintain Fair Competition Order among Basic Telecom Operators on College Campuses
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Posted in compliance
By Susan Ning and Yin Ranran
On June 30, the Ministry of Industry and Information Technology ("MIIT") issued the Opinion on Regulating Conducts of Basic Telecoms Enterprises on College Campuses ("MIIT Opinion"). The MIIT Opinion governs specified conduct by basic telecom enterprises1 -in relation to unfair competition issues within college or university campuses.
结合成都市之实际论《商品房销售明码标价规定》
By King and Wood on
Posted in Real Estate & Infrastructure
一、《商品房销售明码标价规定》出台的背景
针对我国房地产市场在发展过程中出现的商品房价格上涨过快、市场过热等问题，自2010年4月以来，我国中央和地方相继出台了一系列政策予以调控。在前述政策基础上，2011年3月16日，国家发改委进一步出台了《商品房销售明码标价规定》（发改价格[2011]548号，“548号文”），并于2011年5月1日起实施。