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| Srl | Item |
| 1 |
ID:
137779
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| 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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| 2 |
ID:
141487
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| Summary/Abstract |
This survey covers materials reflecting Chinese practice in 2014 relating to: fundamental principles of international law (five principles of peaceful coexistence); sources of international law (identification of customary international law); China's territorial integrity (Tibet; Diaoyu Island and its affiliated islands; Xisha Islands; Nansha Islands; China-India Memorandum of Understanding on Hydrological Data Sharing on the Yaluzangbu River; China-Pakistan agreement on border ports and their management system); international law of the sea (contracts with International Seabed Authority); outer space law (updated Text of Draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force Against Outer Space Objects; non-legally binding United Nations instruments on outer space); international cyperspace law (international law in cyberspace); aliens (expulsion of aliens); international human rights law (general positions on human rights; Human Rights Council; Office of the High Commissioner for Human Rights; International Covenant on Economic, Social, and Cultural Rights; Convention on the Elimination of All Forms of Discrimination against Women; human rights treaty bodies; right of self-determination; death penalty; rights of indigenous peoples); international humanitarian law (status of the Protocols Additional to the Geneva Conventions of 1949; protection of civilians in armed conflicts; protection of humanitarian workers in armed conflicts; Japan's forceful draft of “comfort women” during WWII; children and armed conflict); international law on disasters (protection of persons in the event of disasters; humanitarian and disaster relief assistance); international law on arms control, disarmament and non-proliferation (nuclear disarmament and non-proliferation; Chemical Weapons Convention; Biological Weapons Convention; Convention on Certain Conventional Weapons; Amended Protocol II to the CCW; Protocol V to the CCW (Explosive Remnants of War); improvised explosive devices; Convention on Cluster Munitions; Arms Trade Treaty; small arms and light weapons); international criminal law (International Criminal Court; scope and application of universal jurisdiction; the obligation to extradite or prosecute (aut dedere aut judicare); immunity of State officials from foreign criminal jurisdiction; UN Convention against Transnational Organized Crimes; ratification of Convention against Terrorism of the Shanghai Cooperation Organization; ratification of the treaties on extradition with Iran and Afghanistan; ratification of the Treaty on Mutual Judicial Assistance in Criminal Matters between China and Argentina; completion of negotiation and initialing on the Treaty on Judicial Assistance in Criminal Matters between China and Sri Lanka; initialing of the Treaty on Mutual Assistance in Criminal Matters and the Treaty on Extradition between China and Grenada); international environmental law (Doha Amendment to the Kyoto Protocol; protection of atmosphere; updated Measures for the Administration of Import and Export of Ozone Depleting Substances); law on diplomatic and consular relations (effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives); international institutional law (sanctions imposed by the UNSC; reform of the UNSC; UN peacekeeping operations); peaceful settlement of international disputes (The Philippines v. China Arbitration; International Court of Justice).
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| 3 |
ID:
142122
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| Summary/Abstract |
This survey covers materials reflecting the practice of private international law in China in 2014. First, this survey contains the reports of the Supreme People's Court (SPC) released in 2014, notably the Report on the Work of the SPC in 2014 as well as the White Book on China's Maritime Adjudication (1984–2014). Second, the survey covers laws and judicial interpretations that were revised or took effect in 2014. The important legal instruments that were affected in 2014 include: The Provisions of the SPC concerning the Trials of Civil Cases Involving Notarial Activities; and the Reply of the SPC concerning the Commencement Date of the Statute of Limitations for Insurers under Marine Insurance Contracts to Exercise Subrogation Rights. Third, this survey particularly focuses on typical cases decided by various Chinese courts during 2014 in the following areas: jurisdiction (exclusive choice of court agreements; non-exclusive choice of court agreements; implied jurisdiction); choice of law (electronic contracts, statute of limitations, application of international conventions); fundamental breach of contract; execution of a foreign-related judgment and enforcement of a foreign judgment; arbitration and foreign awards.
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| 4 |
ID:
149659
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| Summary/Abstract |
This survey is composed of materials reflecting the practice of private international law in China in 2015. First, this survey covers the reports of the Supreme People’s Court (SPC) released in 2016, notably the Report on the Work of the SPC in 2015, which contains the statistics of the foreign-related civil or commercial cases accepted and concluded by Chinese courts. Second, the survey covers laws and judicial interpretations that were revised or took effect in 2015.
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| 5 |
ID:
170437
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| Summary/Abstract |
This survey contains materials reflecting the practice of Chinese private international law in 2017. First, the statistics of the foreign-related civil or commercial cases accepted and decided by Chinese courts is extracted from the reports of the Supreme People’s Court (SPC), released in 2018, most notably the Report on the Work of the SPC in 2017. Second, two judicial interpretations of the SPC that took effect in 2017 are translated, i.e., the Provisions of the SPC on Issues Concerning Report and Approval of Cases Requiring Judicial Review of Arbitration and the Provisions of the SPC on Several Issues Concerning Trial of Cases Requiring Judicial Review of Arbitration. These two instruments contain provisions reflecting a pro-arbitration tendency in Chinese courts. Another document, the Nanning Statement of the Second China-ASEAN Justice Forum, is also introduced. It contains a commitment to judicial assistance cooperation, especially improvement of mutual recognition and enforcement of judgments. Third, since China signed The Hague Convention on Choice of Court Agreements in 2017, but has not yet ratified it, one case selected in this paper cites the Convention as a reference in its assessment of the exclusivity of the applicable choice of court clause. Fourth, three representative cases with regard to independent guarantee, letter of credit and financial loan contract are examined. These cases from the SPC shed light on the independence principle of the guarantee and the credit, as well as the strict compliance principle. Fifth, three typical cases decided by various Chinese courts during 2017 are introduced. These cases involve issues relating to the law applicable to construction contracts and land contracts, as well as property relationships between spouses. As for the application of international conventions, two separate cases involving the application of the CISG and the Montreal Convention are reviewed. Finally, the paper examines three cases with different or inconsistent practices regarding reciprocity and other issues, given recent increases in the recognition and enforcement of monetary judgments by Chinese courts. In this regard, a unified practice is required in Chinese courts.
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