Latest Articles
New Bank Card Clearing Rules Heralds a Post-UnionPay Era
By Xu Ping Iris Feng and Feng Yuan King & Wood Mallesons’ Mergers & Acquisitions Group
On April 9, 2015, the State Council officially promulgated the Decision on the Bank Card Clearing Agencies Access Management (《关于实施银行卡清算机构准入管理的决定》) (the“Decision”), which will come into effect on June 1, 2015.
As a response to a WTO ruling that China must open its bank card clearing market, the long awaited Decision announces the opening of market to both domestic and…
新银行卡清算规则迎来“后银联”时代
Back-to-Basics: Past and Present Life of Labor Dispatch
By Jiang Junlu King & Wood Mallesons’ Labor & Employment Group
At the end of 2013, the Interim Regulation on Labor Dispatch was adopted in the ministerial conference of the Ministry of Human Resources and Social Security. This regulation was promulgated before the Lunar New Year and became effective on March 1, 2014, which is expected to prelude the readjustment of labor dispatch.…
What does an Effective Anti-bribery and Corruption Programme Require?
By Liu Xiangwen, Monique Carroll and Zhu Yuanyuan King & Wood Mallesons’ Dispute Resolution Group
Much has been written on bribery and corruption in China, including the differences between criminal bribery and commercial bribery, and of course, the need for an effective compliance programme. However, foreign companies operating in certain complex or sensitive industries in China need to do more than instil an anti-corruption policy. What is needed is an in-depth understanding of the…
Obtaining Discovery in China for Use in US Litigation
By Meg Utterback and Holly Blackwell King & Wood’s Dispute Resolution Group
The concept of US discovery is very alien to the uninitiated litigant and particularly foreign to Chinese parties, because the Chinese litigation process is far different. China proceedings are conducted much like other civil code jurisdictions, with the parties proffering only evidence that supports the claims or defenses. US discovery is intended to uncover both supporting and damaging evidence. US discovery rules provide…
Supreme People’s Court provides a Guideline Case for Court Enforcement of Settlement Agreements
By Richard W. Wigley and Xu Jing King & Wood’s Dispute Resolution Group
The means available for effective enforcement of settlement agreements associated with litigation is an issue which is often raised by litigants in the P.R.C. Specifically, it is often asked, what is a party’s recourse should the other party breach a private settlement agreement, but where the breach occurs after the Appeal in the litigation at issue has been withdrawn? As P.R.C. law…
Minimizing the Risks that Legal Representatives Face
By Liu Xiang Wen Xia Dongxia and Li Xinyu King & Wood’s Dispute Resolution Group
Under PRC laws, the legal representative of a company is the person who acts in the name of the company and represents the company in the exercise of its rights and obligations. The legal representative is a fundamental part of a company’s corporate governance structure. To an extent, the person who is appointed to the position of the legal representative…
公司法定代表人的法律风险及防范
CSRC’s Guidance on Merger Control of Listed Chinese Companies
By Susan Ning, Liu Jia and Hazel Yin
China Securities Regulation Commission (“CSRC”) is the authority in charge of supervising Chinese listed companies. In August 2010 and November 2011, CSRC published on its website two FAQs addressing application of the merger control regime under the Anti-Monopoly Law (“AML”) to listed companies.
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