By Richard W. Wigley King & Wood Mallesons’ IP Litigation  Group

China is now believed to be the world’s largest online marketplace[1], as well as quickly gaining on the U.S. as the country with the largest overall retail marketplace[2]. This growing retail marketplace, both for traditional “bricks and mortar” retailers as well as online retailers, presents both great opportunities and challenges.  Chinese consumers are becoming increasingly demanding in terms of product quality, as well as at the same time increasingly transitioning from being traditional “bricks and mortar” retail consumers to online shoppers. These consumers have demanded certain protections when making purchases and, as expected, have often resorted to administrative authorities or the Chinese judicial system to seek protections of their rights, as well as compensation where appropriate.
Continue Reading China’s Revised Consumer Rights Protection Law “Raises the Bar” for both “Bricks and Mortar” Retailers and Online Retailers

By Monique Carroll, Huang Tao King & Wood Mallesons’ Dispute Resolution Group

‘Political risk’ in foreign investment is the risk that an investment will be adversely affected by a host country’s political or regulatory decisions. These political or regulatory decisions might result in unfavorable tax legislation, revocation of a business license or, nationalization or ‘expropriation’ of an investment by, for example, the direct or indirect taking of control over the investment by the government. For instance, earlier this year the Argentinean Government announced that it would assume ownership and control of YPF, Argentina’s biggest energy company. At the time, YPF was privately and partly foreign owned and controlled.  

Foreign investors can take steps to minimize exposure to political risk. These steps include structuring the foreign investment so that it falls within the protections provided by an investment treaty to which the host country is a party.
Continue Reading Arbitration as A Tool to Manage Political Risk in Foreign Investment

作者:Monique Carroll 黄滔 金杜律师事务所争议解决

外商投资中的政策风险是指东道国的政策或日常决策可能会对投资产生不利影响的风险。这些政策或日常决策可能会导致不利的税收制度,企业营业执照被撤销,投资的国有化或“征收”,例如,政府直接或间接地控制外商投资。比如,今年初,阿根廷政府宣布其将取得阿根廷最大的能源公司YPF公司的所有权和控制权。当时,YPF公司是部分由外商个人所有和控制的。

外国投资者可以采取措施降低政策风险。这些措施包括调整投资结构,使其属于东道国作为缔约国的投资条约的保护范围。对于已经遭受东道国政府行为不利影响的外国投资者,则应当考虑是否可以寻求投资条约的保护。
Continue Reading 仲裁–控制外商投资中政策风险的工具

By Guan Feng King & Wood Mallesons’ Dispute Resolution Group, Shanghai Office

I.    Introduction

Dispute resolution proceedings involving aviation accidents are far more complicated than general dispute resolution proceedings because complicated relationships between numerous parties should be considered. Due to their complex nature, the successful resolution of disputes involving aviation accidents requires meticulous long-term efforts. Using a recent Air France crash as a guide, this article will discuss the nature of dispute resolution proceedings in aviation accidents from the perspective of subjects that may be held liable for the accident.


Continue Reading Dispute Resolution of Aviation Accidents-By Reference to the Air France Crash

作者:关峰 金杜律师事务所争议解决

一、 引言

较之于一般的争议与纠纷,航空事故的争端解决有其特殊性,因其涉及的主体众多且关系复杂,每一起航空事故争端解决都需要进行大量细致而漫长的工作。本文将以“法航空难”为切入点,从航空事故责任主体的视角,简单谈谈空难事故的争端解决。


Continue Reading 由法航空难谈航空事故争端解决

Mia Qu, Bessie Ye, Nick Wang of King & Wood’s Intellectual Property Group

As 2009 begins and the economic crisis has hit most major markets globally, the Supreme People’s Court of the People’s Republic of China (“Supreme Court”) is studying how to adjust judicial policy on intellectual property rights (“IPRs”). The new policies will outline developing trends in the legal protection of IPR in China that may occur this year:
Continue Reading 2009: New Trends in China’s Judicial Protection of Intellectual Property Rights