By Mark Hoyle King&Wood Mallesons’ Dubai Office
In the language of lawyers praising a jurist, the word “greatest” is usually an overblown epithet. There is one man though that many consider, rightly, to be the Arab world’s greatest jurist in modern times. Dr Abdel Razzaq Al Sanhouri was the eminent jurist, teacher, writer and draftsman
By Liang Linda Qin Wen King&Wood Mallesons’ Labor Group
Feeling stressed and worried may be the first reaction of many company managers when they are directed to initiate a layoff. They are stressed by having no choice but to proceed with the layoff, and they are worried about the uncertainties inherent in terminating employee’s contracts.
By Gao Feng Paul Starr King & Wood Mallesons’ Dispute Resolution Group
The involvement of Chinese “giants” in arbitration outside of China has come at a price. Parties can lack experience at how best to handle international disputes. They rush precipitously into relationships with “local” on-the-ground law firms who themselves do not necessarily have sufficient international arbitration expertise, and more significantly lack the cultural knowledge and language skills to act as sufficient liaison. In this article, we share what we believe are the seven most serious mistakes made by PRC entities when trying to arbitrate abroad. We respectfully venture to add that these mistakes are by no means confined to Chinese clients – all parties embarking on dispute resolution in a country unfamiliar to them would do well to reflect on what follows.
Continue Reading Chinese “giants” and overseas arbitration
By Huang Jianwen King&Wood Mallesons’ Investment group
The revised Food Safety Law, which will become effective on 1 October 2015, stipulates that health food shall be regulated by the catalog of raw materials for health food and the catalog of the functions of health food (New Food Safety Law). Moreover, under the New Food Safety
By Juliette Huard-Bourgois and Swati Tripathi, King & Wood Mallesons’ London Office
The conduct of international arbitration proceedings, from enforcement of arbitration agreements to enforcement of arbitral awards, sometimes involves actions before the courts. In the European Union (EU), international arbitration has to co-exist, not only with national procedural law in each jurisdiction, but also with EU procedural law, which harmonises jurisdiction and enforcement rules amongst the EU states.
EU procedural harmonisation is orchestrated through the application by each EU State of Council Regulation (EC) 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (hereafter the “Brussels Regulation”). The objective of the Brussels Regulation is the creation of an EU area of justice, where parallel court proceedings are prevented and judicial decisions can circulate easily.
Continue Reading Recast Brussels Regulation: a Brighter Future for Arbitration in the EU
By Julia Court, Paul Starr, Richard Lyons and Suraj Sajnani King and Wood Mallesons
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NEC3 Engineering and Construction Contract (“NEC3”) is on a mission to reconstruct the way in which engineering and construction contracts are carried out. From its novel approach to language to the spirit of collaboration which is embedded throughout the contract – the NEC3 takes great leaps away from the adversarial culture of traditional contracts, such as the JCT or FIDIC suite of contracts and the standard forms typically used in Hong Kong in the public and private sectors.
One such leap is the effect that the NEC3 has on disputes arising out of the contract. Proponents of the NEC3 state that its anti-dispute nature is a large reason for its popularity, and point to the limited pool of relevant case law as support for the position that the NEC set of contracts discourage litigation.
Continue Reading The New Engineering Contract – Antidote to arbitration?
By Wang Rui, Xiao Yu, and Andrew Fuller, King & Wood Mallesons’ M&A Group
Introduction
As early as 27 February 2014, President Xi Jinping, the head of the Office of the Central Leading Group for Cyberspace Affairs, said that “No cyber safety means no national security.”[1] On 1 July 2015, the National Security Law of the People’s Republic of China (《中华人民共和国国家安全法》)( NSL )[2] came into effect. For the first time, the NSL clearly provides that the state shall “safeguard sovereignty, security and development interests of cyberspace in the state.”[3]
Cyber security has become an increasingly prominent issue, and the Chinese government chosen to focus on several key areas of concern. First, illegal intrusions and attacks in cyberspace that seriously threaten China’s information infrastructure across all significant sectors. Second, increased illicit online activities that harm Chinese society, particularly in the areas of personal information theft and intellectual property misappropriation. Third, the increased use of China’s networks to promote terrorism, extremism, instigation, or subversion of the system, all of which threaten national security and the public interest.[4]
Continue Reading Cyber Security Draft Law Tightens Grip on China’s Network Security
By Justin Lo, Alan Zhang and Alice Leung, King & Wood Mallesons’ Hong Kong Office
The growth in cross-border investment has led to more complex relationships between commercial parties, particularly where foreign elements are involved. Commercial parties are increasingly choosing international arbitration as the means to resolve their disputes.
For parties considering arbitration in the Asia Pacific Region, Hong Kong is an attractive arbitral venue for a number of reasons.
Independent and robust legal system
Hong Kong’s legal system is based on the rule of law, independence of the judiciary and preserves the common law. The World Economic Forum Global Competitiveness Report for 2013 and 2014 ranked Hong Kong number four in terms of judicial independence out of 148 jurisdictions, ahead of the UK, the US, Singapore and many members states of the European Union.
Hong Kong’s legal professionals are fully experienced and capable of providing clients with diversified professional legal advice and related services. Arbitrators in Hong Kong are regarded as independent and highly experienced in dealing with cross border commercial disputes. As such, Hong Kong is seen as a more attractive arbitration hub for domestic and foreign parties to resolve their disputes.
Continue Reading Why should parties consider Hong Kong as an arbitral venue?
By Huang Jianwen King & Wood Mallesons’ Investment Group
The Regulations on the Supervision and Administration of Cosmetics (Draft for Review) (the “Draft for Review”) drafted by China Food and Drug Administration (the “CFDA”) was published on 20 July 2015 for public comments. The current regulation governing the supervision and administration of cosmetics in China is referred to as the Regulations Concerning the Supervision of the Hygiene of Cosmetics (the “Current Regulation”). The Draft for Review contains 7 chapters, 79 articles and approximately 13,000 characters compared to the Current Regulation’s 6 chapters, 35 articles and approximately 3,000 characters.
The Current Regulation was promulgated in 1989, and became effective in 1990. It focuses on implementing a supervisory system of government reviews and approvals rather than a purely market-based approach to regulation. The Current Regulation’s supervisory measures may be relatively deficient with respect to striking down regulatory violations.
Continue Reading Highlights of the draft cosmetics supervision regulations
By Gao Chunkai Tang Siyu King&Wood Mallesons’ Foreign Investment Group
Introduction
The China Banking Regulatory Commission (CBRC) has released a new version of the “Rules for the Implementation of the Administrative Regulations of the People’s Republic of China on Foreign-invested Banks” (“Implementing Rules”), which will take effect on 1 September 2015.
The new Implementing Rules
