In China, workplace accidents and deaths have steadily declined since the mid 2000s[1]. Although rarer than before, regretfully, workplace accidents causing death in China continue to occur on average 75 times per day[2].
Oftentimes, such fatal accidents immediately result
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Latest from China Law Vision
New draft measures for security assessment for cross-border transfers of personal information and important data
Background
China has been continuously strengthening and developing data security rules over the last decade. One of the hallmarks of this trend is increasing regulation over outbound cross-border data flows.
Against this background, the Cyberspace Administration of China (CAC) issued
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All FRANDS On Deck: Asserting Jurisdiction Over Global SEP Disputes in China, UK
Standard-Essential Patents (“SEPs”) are patents which protect technology essential to compatibility with technical industry standards.
To avoid abuse by patent holders, SEPs are typically required to be licensed on Fair Reasonable and Non-Discriminatory (FRAND) licensing terms. However, what
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Caught Between Scylla and Charybdis — Transnational considerations for jurisdictional discovery against Chinese defendants
In Homer’s Odyssey, the wayward hero Odysseus is travelling by ship when beset by two threats within an arrow’s distance from one another: on one side is Scylla, a beast with many heads, and on the other side is Charybdis,
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Essential or Not? The Perils of Mandatory Licensing for Non-SEPs in China: Case Comments on Four Local Rare Earth Magnet Companies v. Hitachi Metals
Nearly six years and a half since four Ningbo magnetic material manufacturers (“Plaintiffs”) brought lawsuits against Hitachi Metals, Ltd. (“HML”), China’s Ningbo Intermediate People’s Court (“Court”) finally entered its first instance rulings on 23 April 2021, in which the Court
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Upholding your Arbitration Clause Against an Insolvent Debtor
Due to the COVID-19 epidemic, many observers are predicting an increase in claims relating to insolvency proceedings. Against the backdrop of the increasing prevalence of arbitration clauses and agreements governing commercial disputes, in 2021 courts are likely to face a
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Summary: To avoid rescission, insurance applicant must disclose facts when prompted by insurer
When concluding an insurance contract, the insurance applicant has a duty of disclosure. The applicant is not obliged to disclose information unless the insurer enquires.
The insurer’s remedy for breach of this duty varies. The insurer can either:
- Rescind the
Merger Control Review 2020
Michael Gu / Grace Wu / Vivian Wang [1]IntroductionThe year 2020 is an unusual year. The outbreak of COVID-19 pandemic and continued international trade tensions posed challenges to Chinese antitrust law enforcement authority, the State Administration for Market Regulation (SAMR). Particularly,
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SPC Resolves Service by Post Under the Hague Convention
China’s Supreme Court made a final judgment applying HCCH 1965 Service Convention to serve a Japanese litigant by post in 2019, under the situation where the government of Japan opposed to postal service but the Japanese litigant agreed to accept
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News Letter – Technology, Data Protection, Cybersecurity (2021.2)
REGULATIONS
CAC seeks comments on revising Administrative Measures for Internet Information Services
On January 8, 2021, the Cyberspace Administration of China (“CAC”) issued the Administrative Measures for Internet Information Services (Revised Draft for Comments) (the “Draft
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