Tag: Civil code
How principal, interest are calculated and applied in court (Part 2)
A concise guide to penalty interest, compound interest and judicial rate caps for bank loans, with key rules and case law insights
Shipwrecks and the law
Last November,?this columnist visited Singapore to deliver some training for the Singapore Academy of Law and revisited one of many museums in the city-state, the Asian Civilisations Museum
Proportionate liability
This column discusses proportionate liability and the written law that governs the concept in common law jurisdictions and the Chinese mainland
How creditors can protect themselves in cross-border guarantees
Neibaowaidai, onshore guarantees for offshore loans, raise key cross-border arbitration issues, with GCs shifting toward value creation
Revised Cybersecurity Law: New penalties, extends enforcement
China’s Cybersecurity Law was revised on 28 October, its first update since taking effect in 2017
When civil meets criminal: Resolving finance conflicts
The article explores how civil and criminal laws intersect in financial disputes, emphasizing asset recovery, liability, and litigation strategy
Share ownership
Shares as property: when ownership transfers under an equity deal is the focus of this column.
Higher aims
The advantages of arbitration—speed, cost, confidentiality, and finality—are well known, but top China institutions aim higher
Chinese contract law and smart contracts
This column explores smart contracts, their use in China, Chinese legal views, and how they fit under Chinese contract law
Arbitrating disputes involving dissolution of a partnership
Dissolution of a partnership is one way a partner can withdraw from a partnership
Liability for damages in pet air transportation
As demand for pet air transportation rises with societal and economic development, related disputes are increasing
Calculating breach of contract damages in arbitration
In this article, we summarise the analytical process for disputes with respect to liability for breach of contract and damages on lost profits?
Landmark Changes
Sweeping reforms are heralding a new era for foreign investment into Vietnam’s property sector, but much remains unexplained
Making marks
Reforms and upgrades to trademark and IP regulation around the world have continued apace
How trademark law impacts Russian trade
Russian law covers all aspects of trademarks to make business convenient and enforce the business’ rights if needed
Arbitration of disputes over non-monetary debt contracts
Disputes arising from non-monetary debt contracts present unique challenges that require careful consideration from arbitrators
Application of deposit penalty rule
Practice and advice show courts are respecting the choices of contract parties when it comes to deposits – as long as there is a clear agreement on what the deposit is for
Rulings on claim for partial rescission of a contract
As a special form of commercial contract termination, partial rescission is a legal tool to protect the legitimate rights and interests of parties
Reorganisation: Solving conflict between equity transfer and pledge
Resolving conflict between equity transfer and pledge in reorganisation proceedings in China
A greater good
Law firms across Asia are putting profits aside to focus on pro bono work, community engagement, sustainability and staff welfare
Arbitrating cross-border e-commerce disputes
Cross-border e-commerce and the platform economy are rapidly developing as new forms of international trade
Distinguishing joint assumption of debt and guaranty in arbitration
To achieve the maximum protection for creditors’ interests in commercial transactions, it is common for a third party to assume liability for the debt
Rules of judgment determining cross-border guarantee disputes
This case illustrates legal issues of cross-border guarantee, explaining how the SHIAC applied extraterritorial law, namely Hong Kong law, and interpreted multiple contracts
Amendments reinforce protection of women’s rights
The newly amended Law on the Protection of the Rights and Interests of Women, adopted by the Standing Committee of the 13th National People’s Congress on 30 October 2022, came into effect on 1 January 2023
Comparing head office and branches on arbitration agreement validity
This article analyses whether such an arbitration strategy is valid in terms of contract relativity
Crisis innovation
Small wonder that the past couple of years have spawned an exciting amount of tech-related reform in China’s courts and arbitration institutions
Effective resolution of online gaming-related disputes
Online gaming features highly complex trading conundrums involving the legal protection of rare virtual assets
An update of NFT law developments
The past year saw crypto art break through to the mainstream, and many lawsuits involving non-fungible tokens making headlines. How are the region’s regulators responding?
Are you available?
Under China’s new data regulatory framework, how should companies use publicly available personal information in a compliant manner?
Tips for safely navigating international air services disputes
The special clause for institutional arbitration between the parties should prevail over the general clause in the Master Agreement
Validity of arbitration agreements under designated agents
The validity of arbitration agreements involving persons without, or with limited, civil capacity, are becoming an increasing focus of arbitration institutions and tribunals
Invalidity of contracts for violating ‘public order and good morals’
Determination of violation of “public order and good morals” leading to contract invalidity is a frequent point of contention
In-house Counsel Awards revealed
After months of intensive surveys, we reveal the winners of our In-house Counsel Awards 2021-22



































































































































