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Chinese Court Being more Tolerant with Pathological Arbitration Clause

04 September 2019 by Asia law

On 14 December 2018, Beijing 4th Intermediate Court (the “Court”) upheld the validity of a pathological arbitration agreement which does not provide a seat of arbitration nor does the arbitration institution thereunder actually exist in Chinalight International Trade Co. Ltd. v Tata International Metals (Asia) Ltd. (“Chinalight v. Tata”).

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The Judicial Attitudes toward Tying Practice in China: Commentary on a Guidance Antirust Litigation Case published by the Supreme Court

04 September 2019 by Asia law

The case Wu Xiaoqin v. Shanxi Broadcast & TV Network Intermediary (Group) Co., Ltd., is a typical abuse of market dominance case by the form of typing practice, which was trialed by Xi'an Intermediate People’s Court (“Xi'an Court”) as the first instance court, then by Shanxi Higher People’s Court (“Shanxi High Court” or “appellate court”) in the appeal procedure, and lastly by the Supreme People’s Court (“Supreme Court”) in the retrial procedure.

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A Short Review of the Case Guidance System of the Chinese Judiciary

04 September 2019 by Asia law

The Chinese Case Guidance System (“the CG System”) has been a bizarre creature for western legal professionals since it was established by the Supreme People’s Court of China (“the Supreme Court”) in 2011.

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