Dispute

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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").

Continue Reading Forum Shopping in China: CIETAC vs. UNCITRAL

By King & Wood’s Trademark Practice

Foreign companies often have concerns regarding whether the litigation process in an overseas venue will be efficiently handled by the relevant courts. In China, given the large increase in IP-related lawsuits in recent years, this is a reasonable concern. In 2009, P.R.C. courts had concluded 6,262 cases with a yearly increase of 31.89%. 1With such an upsurge in litigation, the P.R.C. courts have faced a very significant challenge.Continue Reading P.R.C. Courts Show Improved Efficiency in Handling Foreign-related IP Lawsuits

By Meg Utterback and Ding Liang of King & Wood’s Cross border dispute resolution Practice

As the United States mid-term elections draw near, we can expect greater protectionist measures from the US government in an effort to appease voters who are demanding an improvement in the US unemployment statistics. One such protectionist measure is the initiation of the recent 301 investigation relating to allegations that the Chinese clean technology and renewable energy sectors are being unfairly advantaged by government subsidies.   Almost all countries are subsidizing the renewable sector in one form or another in hopes of easing the world’s dependence on fossil fuels. It seems however that the US has taken umbrage with the extent of Chinese programs supporting the clean technology and renewable energy industries.Continue Reading China Clean Tech at Risk– Initiation of the Recent Section 301 Investigation

 By Meg Utterback, Ariel Ye and James Rowland of King & Wood’s Cross Border Dispute Resolution Practice

The majority of cases, whether in court or arbitration, are settled. Parties weigh a variety of factors from the start of the dispute to award, constantly performing a cost benefit analysis. Generally speaking, issues such as principle and precedent often preclude a settlement. Parties will refuse to consider a good settlement if it violates an internal principle, e.g. no payment, even nominal, in the absence of liability;Continue Reading Arbitration Negotiation Tips

作者：刘军 金杜律师事务所 广州分所 国内诉讼部

2008年3月30日，最高法院公布调整各高级法院和中级法院管辖第一审民商事案件标准，主要从案件标的额方面大幅提高了高级法院和中级法院受理一审民商事案件的门槛，新标准自2008年4月1日起施行。

此次调整将大大减少各高级法院受理一审案件以及最高法院受理二审案件的数量，但同时会导致基层法院受理一审案件数量的激增，相应地中级法院二审案件的办案压力也会一定程度的增大。可以说，新标准的实施后，绝大部分民商事案件的一审、二审工作将由基层法院和中级法院承担。Continue Reading 关于最高法院调整一审民商事案件级别管辖标准的一点看法