| Summary/Abstract |
This survey covers materials reflecting the practice of private international law in China in 2013. The survey covers laws, administrative regulations and judicial interpretations that were revised or took effect in 2013. The important specific legal instruments that were affected in 2013 include: the Civil Procedure Law; Trademark Law; Company Law; Regulations of the PRC on the Administration of Foreign-Funded Insurance Companies; Regulations of the PRC on Administration of the Entry and Exit of Foreigners; Reply of the SPC on Whether Maritime Courts May Apply the Small Claims Procedure; Provisions of the SPC on Handling Judicial Assistance Requests for the Service of Judicial Documents, Taking of Evidence in Civil or Commercial Matters in Accordance with International Conventions and Bilateral Treaties on Judicial Assistance; Implementation Rules on “The Provisions of the SPC on Handling Judicial Assistance Requests for the Service of Judicial Documents, Taking of Evidence in Civil or Commercial Matters in Accordance with International Conventions and Bilateral Treaties on Judicial Assistance” (for Trial Implementation); Interpretation (I) of the SPC on Certain Issues Concerning the Application of the “Law of the PRC on Application of Law to Foreign-Related Civil Relations”. This survey also covers cases decided in 2013 in the following areas: proof of foreign law; jurisdiction (exclusive jurisdiction; choice of court agreements; distrainable property, maritime jurisdiction); choice of law (conflicts in current Chinese laws and their solutions, sale contracts, loan and guaranty contracts, equity transfer contracts, export credit insurance contracts, arbitration agreements, employment, maritime matters and intellectual property); foreign judgments; arbitration and foreign awards.
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