When contracting with Chinese parties it is crucial to select and draft jurisdiction and dispute resolution clauses carefully. This will dramatically increase the chances of a spontaneous performance of a judgement or award and smooth enforcement, in case the counterparty does not obey. To this regard, PRC laws offer the contracting parties the right to […]Read More
WTO Dispute Settlement System in crisis: Can ad hoc members
The paralysis of the Appellate Body poses a danger for the survival of the WTO trade system. How could ad hoc members provide a solution to the appeal gridlock?Read More
The protection of trade secrets lies not only in how many or which measures are adopted by companies to protect their secrets from being easily disclosed or used. It also lies in how to manage employees well, so they do not disclose trade secrets. In a way, the latter is more important, because the confidentiality […]Read More
When contracting with Chinese parties it is crucial to select and draft jurisdiction and dispute resolution clauses carefully. This will dramatically increase the chances of a spontaneous performance of a judgement or award and smooth enforcement, in case the counterparty does not obey. To this regard, PRC laws offer the contracting parties the right to […]Read More
The New EU-China Investment Agreement: Implications for German companies doing
The EU may have frozen its ratification of its Comprehensive Agreement on Investment with China. But what would it actually mean for German business where it to be implemented in the future and what are investors missing out on? Heman Knott analyses the CAI that has been put on hold.Read More
Lorenzo Biamonti explains what China's revised Anti-unfair Competition Law means for licensing intellectual property and trade secrets.Read More
Introduction Identifying the parties in dispute correctly is of paramount importance and any mistake can determine the nullity of the arbitral award. A very recent decision of the Hong Kong Court of First Instance provides a helpful illustration of this problem. Facts of the case and ratio decidendi In this case (AB v CD, [2021] […]Read More
Whatever you thought about copyright protections, intellectual property or trade secrets in China, get ready for a new reality. In the past few years the Chinese government has made an increasing number of commitments to the protection of intellectual property rights. Trade secrets protections have also been strengthened. China’s Anti-Unfair Competition Law imposes a more […]Read More
Shenzhen Global Legal Leaders’ Dialogue Event 2020: Alternative Dispute Resolution
Mr. Hermann Knott, the moderator of this round table, started by introducing the panelists: Mr. Philip Hackett, Mr. Godson Ugochukwu, Mr. Paweł Sikora; Mr. Peter J. Pettibone and Mr. Jian Chen. Experiences with dispute resolution in 2020 Mr. Hermann Knott then turned to the first topic which was the experiences with alternative dispute resolution in […]Read More