Sat, 07 Nov 2020 Insights Guodong Du 杜國棟 , Meng Yu 余萌

For Chinese judges, discovering similar cases is an unfamiliar and challenging task. However, the Guiding Case System(指導(dǎo)性案例制度) and the Similar Case Retrieving System(類案檢索制度) established respectively in 2010 and 2020 have required them to face up to this task.

Fri, 30 Oct 2020 Insights CJO Staff Contributors Team

Yes, AI-created works can be copyrighted in China, as a local court in Shenzhen ruled recently in Shenzhen Tencent Computer System Co., Ltd. v. Shanghai Yingxun Technology Co., Ltd (2019).

Sun, 25 Oct 2020 Insights Guodong Du 杜國棟 , Meng Yu 余萌

China refused to recognize and enforce two Uzbekistan judgments in 2011 and 2014 respectively, all because of the service of process inconsistent with the bilateral judicial assistance treaty.?

Sat, 24 Oct 2020 Insights Guodong Du 杜國棟 , Meng Yu 余萌

China's Supreme Court issued the Implementing Rules of the Provisions on Case Guidance (《關(guān)于案例指導(dǎo)工作的規(guī)定》實(shí)施細(xì)則) in May 2015, which clarified the details of how the Guiding Case System works.

Sun, 18 Oct 2020 Insights Chenyang Zhang 張辰揚(yáng) , Zhuo Yiwei 卓懿偉

The parties can engage expert assistants(專家輔助人) — or "China’s expert witness" as dubbed by some people — to help them express opinions on professional issues. Although the relevant rules of expert assistant need to be improved, the parties can give it a try to strengthen the persuasion of their opinions.

Thu, 15 Oct 2020 Insights Jian Zhang 張建

Today, 15 Oct. 2020, the International Commercial Dispute Prevention and Settlement Organization (ICDPASO, 國際商事爭端預(yù)防與解決組織) has been established in Beijing, China. As a non-governmental international organization, ICDPASO will provide legal services including commercial arbitration, commercial mediation, investment arbitration and dispute prevention for countries/regions around the globe.

Sun, 11 Oct 2020 Insights Guodong Du 杜國棟 , Meng Yu 余萌

Where do China's Guiding Cases (指導(dǎo)性案例) come from? Provisions on Case Guidance were issued by the SPC in 2010 as a first step towards establishing the Guiding Case system.

Sun, 11 Oct 2020 Insights Chenyang Zhang 張辰揚(yáng) , Ran Ren 任冉

"The burden of proof lies with the party asserting a proposition" (誰主張，誰舉證) is a primary rule of burden of proof in China's judicial proceedings. Nevertheless, the rule is not unchangeable.

Thu, 08 Oct 2020 Insights Zilin Hao 郝梓林

In 2020, Shanghai Second Intermediate People's Court enforced the judgments made by the October District Court of Minsk City, the Republic of Belarus. This also marks the first time that a Shanghai court has accepted a case transferred by a foreign court according to the bilateral treaty.

Sun, 13 Sep 2020 Insights Guodong Du 杜國棟 , Meng Yu 余萌

In 2020, Chenzhou Intermedia People's Court in Hunan Province dismissed an application for enforcing a Myanmar judgment, due to lack of the original or a certified copy of the foreign judgment. This is the first reported case where a Chinese court accepted a case on recognition and enforcement of Myanmar money judgments.