Dividing Joint‑Owned Real Estate in China When Getting a Divorce Abroad August 17, 2026 | No Comments | Chinese law, Jurisdiction, Trading and investment As cross‑border marriages grow more common, an increasing number of couples get divorced overseas while retaining jointly‑owned property in China. Many parties worry that their spouse might secretly transfer their shared domestic real estate during divorce proceedings. A combination of mandatory financial disclosure systems and domestic preservation litigation can protect your legal interests. 阅读全文 »
Underlying Contract and Independent Guarantee August 14, 2026 | No Comments | Chinese law, corporate law, Jurisdiction, Trading and investment Where examination of the underlying transaction is necessary to establish fraud under an independent guarantee, courts shall adhere to the principle of limitation and necessity. A beneficiary’s breach under the underlying contract does not impair its right to present documents and make a demand for payment pursuant to the independent‑guarantee terms. Even if fraud exists under an independent guarantee, people’s courts shall not order suspension of payment under an independent counter‑guarantee where payment under the primary independent guarantee has already been made in good faith. 阅读全文 »
Model Arbitration Clauses at SHIAC September 19, 2021 | No Comments | arbitration, Jurisdiction Model Arbitration Clause at Shanghai arbitration center;Clause for FTZ;Clause for Aviation Disputes;Clause for BRICS Disputes 阅读全文 »
SHIAC Arbitration Fees September 19, 2021 | No Comments | arbitration, Chinese law, Jurisdiction Fees The Shanghai International Economic and Trade Arbitration Commission(Shanghai International Arbitration Center) Arbitration Rules applies in these disputes Article 1 – Provisions as to Fees and Costs of Arbitration for International and Foreign-related Cases and Arbitration Cases related to the Hong Kong Special Administrative Region, the Macau Special Administrative Region and the Taiwan Region Amount […] 阅读全文 »
JURISDICTION STIPULATION IN CHINA CIVIL PROCEDURAL LAW September 9, 2021 | No Comments | Chinese law, Jurisdiction Generally speaking, the ground level people’s court shall have the authority to hearing the case of first instance. but Still, the level of jurisdiction will take two factors into consideration: the nature of the case and the size of the claim. The Intermediate People’s Court is competent to rule on the first instance, to […] 阅读全文 »
COURT SYSTEM OF CHINA September 9, 2021 | No Comments | Chinese law, Jurisdiction, Uncategorized There are four levels of courts in China’s judicial legal system. Located in Beijing, the highest level is the Supreme People’s court. The Basic People’s Court has the jurisdiction over municipal districts’ disputes. Its judgment may be appealed to the Intermediate People’s Court. Any judgment may be appealed once at a court one level higher than […] 阅读全文 »
GENERAL PROVISIONS OF CHINA CIVIL PROCEDURE LAW September 8, 2021 | No Comments | Chinese law, Jurisdiction The purpose of Chinese civil procedure law is to protect the litigation rights of the parties, to ensure the court’s ruling based on facts and proper laws, to maintain the social and economic order for the good of the socialist construction. The procedure law applies to civil disputes over property and personal relationships between legal […] 阅读全文 »