Latham & Watkins LLP (JD Supra China)

Shijiazhuang Intermediate People’s Court declares arbitration agreement providing for ICC Rules arbitration seated in China invalid. In a dispute between Hebei Zhongxing Automobile Manufacturing Co., Ltd. (HZAM), a Chinese company, and Automotive Gate FZCO (FZCO), a UAE company, the Shijiazhuang Intermediate People’s Court declared invalid two related arbitration agreements that provided for...

The proposed Data Security Law has a broad jurisdictional scope and will expand the PRC’s regulatory framework for information and data. On July 3, 2020, the Standing Committee of China’s National People’s Congress issued the draft Data Security Law (DSL) for public comment. Once finalized, the DSL, together with the Network Security Law and the proposed Personal Information Protection Law,...

We are pleased to present the seventh edition of Global Legal Insights – Bribery and Corruption. This book sets out the legal environment in relation to bribery and corruption enforcement in 28 countries and one region worldwide. This edition sees the addition of new chapters relating to Belgium, Poland, Hong Kong and the Czech Republic, as well as an Asia-Pacific overview. In addition to...

Given recent developments, parties with cross-border agreements and arbitration with Chinese counter-parties should look to Hong Kong as a seat of arbitration. On 2 April 2019, the Hong Kong SAR Government and the PRC Supreme People’s Court signed an arrangement whereby the Hong Kong and Mainland Chinese courts are to provide mutual assistance in interim measures in support of arbitral...

China’s PCPPIC protects children’s personal information in much the same way as COPPA and the GDPR, but with a few differences. On August 22, 2019, the Cyberspace Administration of China (CAC) released a new data privacy regulation related to children, the Provisions on Cyber Protection of Personal Information of Children (PCPPIC).

Throughout 2019, China has been working to update its chemical regulatory regime, proposing far-reaching changes that would make China’s regime resemble EU-REACH and TSCA in the US. Originally published in Chemical Watch - August 6, 2019. Please see full Article below for more information.

The Three-Year Action Plan includes action items that will encourage greater foreign investment in Beijing’s media, technology, internet, and other industries. Since the National People’s Congress of China approved The People’s Republic of China Foreign Investment Law on 15 March 2019 (FIL), China has issued several regulatory updates to execute on the promotion and protection of foreign...

What do multinational corporations, private equity funds, and other foreign investors need to know? On March 15, 2019, the National People’s Congress of China approved The People’s Republic of China Foreign Investment Law (FIL) which will come into force on January 1, 2020, replacing and updating China’s various existing laws regulating foreign direct investment and foreign invested entities (F

Parties must draft arbitration agreements with Chinese parties clearly and precisely to ensure validity and avoid unwanted litigation. A Beijing court recently adopted a pro-arbitration approach in upholding the validity of an arbitration agreement designating a non-existent arbitral institution.

In recent years, China has taken significant steps in developing its environmental policy. In 2014, China’s Premier Li Keqiang declared a “war on pollution”, which began in earnest in 2017.

The pilot guidance may help multinational companies address certain challenges they have previously faced when doing business with Chinese SOEs. Key Points: ..Following extensive research and consultation, the SASAC has released pilot guidance for Central Enterprises to better comply with local, national, and international laws and regulations in their business operations, in order to...

Brief overview of the law and enforcement regime - China has had strong anti-corruption laws for many years. On 1 January 1980, the Criminal Law of the People’s Republic of China (the “PRC Criminal Law”), containing the criminal offences of bribery and corruption, came into effect. The PRC Criminal Law later underwent a sea change to modernise and rejuvenate the laws in 1997, with enhanced...

In recent years, China has taken significant steps in developing its environmental policy. In 2014 China’s Premier Li Keqiang declared a “war on pollution”, which began in earnest in 2017. Since then, regulators have been more proactive in enforcing environmental regulations.

China has had strong anti-corruption laws for many years. On 1 January 1980, the Criminal Law of the People’s Republic of China (the “PRC Criminal Law”), containing the criminal offences of bribery and corruption, came into effect. The PRC Criminal Law later underwent a sea change to modernise and rejuvenate the laws in 1997, with enhanced provisions on bribery and corruption offences. ...

President Xi announces a comprehensive, 14-point reform policy that has long-term implications for companies with business interests in China. Key Points: ..President Xi Jinping has formalized a national commitment to the strengthening of environmental protections in China ..Aggressive environmental enforcement actions and the development of new permitting rules and a national emissions...

China clarifies the scope of its commercial bribery law, which has important implications for companies and individuals doing business in China. Key Points: The Standing Committee of the National People’s Congress has passed and published an amendment to China’s Anti-Unfair Competition Law, which substantially changes the existing commercial bribery law. The amendment... Please see full...

China, the world’s largest producer and consumer of pesticides, is strengthening its regulation of agrochemicals. The Ministry of Agriculture (MOA) recently issued revisions to the country’s pesticide registration requirements, which officially came into effect on November 1, 2017.

The Chinese government has announced a US$4 trillion investment in developing infrastructure globally under the “Belt and Road Initiative” (BRI). Under the BRI the Chinese government will spend US$750 billion on overseas investments in the next five years alone. Although China often cites the BRI as the country’s way of fostering sustainable economic development, there are concerns regarding...

Since establishing the People’s Bank of China’s Green Finance Task Force in 2014, China has encouraged green financing mechanisms through a variety of pioneering initiatives. For example, the country has designated five green finance pilot zones, within which financial institutions are incentivised to provide credit and special funds for environmentally friendly industries.

President Xi has announced the creation of a new environmental bureau to oversee China’s state-owned natural resources. Establishment of the new bureau is one of the most notable outcomes of the recent meeting of the 19th National Congress of the Communist Party, and follows Xi’s pronouncement that building an “ecological civilization” in his country is necessary for the continued development of...

In recent months, teams of inspectors from China’s Ministry of Environmental Protection and the Communist Party’s anti-corruption commission have conducted a slew of surprise inspections of various industrial facilities throughout China. Estimates suggest that China has temporarily closed as many as 40% of the country’s factories at some point in the last year — sometimes for weeks at a time.

At the 19th National Congress of the Chinese Communist Party, President Xi Jinping asserted his country’s emerging leadership in environmental stewardship and pledged to build a “beautiful China”. In his speech to the 2,300 delegates and guests assembled for the Congress’s opening session, President Xi lauded China’s burgeoning role as a global marshal of environmental reform.

On 18 October 2017, the 19th National Congress of the Chinese Communist Party will convene, after the week-long National Day holiday, marking one of the most important dates on the Chinese political calendar. Among the issues that National Congress members will surely discuss, is the importance of implementing strategies to further China’s green development.

Differences in enforcement and arbitral rules could cause difficulties for unwary parties engaged in or considering arbitration in mainland China. China’s economic growth has attracted significant foreign investment in recent years. However, as commercial ties between mainland China and the rest of the world broaden and deepen, the number of China-related commercial disputes has also increased.

China’s State Council released an “Opinion Concerning Establishment of a Long-Term Mechanism for Early-Warning and Monitoring of Environmental and Natural Resources Carrying Capacity,” which will halt major projects in heavily polluted areas, according to a report from the official Xinhua news agency. The opinion also calls for authorities to use a new pollution alert system that tracks areas...

The modified draft amendments clarify the scope of commercial bribery, provide helpful exceptions, and increase penalties. Key Points: The Law Committee of the National People’s Congress has released a Second Draft of proposed amendments to the PRC Anti-Unfair Competition Law, which contains fewer changes to the current law than previous versions. Please see full Alert below for more...

Addressing a car forum in Tianjin, Xin Guobin, Vice Minister of Industry and Information Technology, announced that the Chinese government is developing plans to follow in the footsteps of some European countries to phase out fossil fuel-powered vehicles. “Some countries have worked out a timetable to stop production and sales of traditional fuel vehicles.

Market research has long recognized China as the largest investor in its own domestic renewable energy industry. According to Bloomberg New Energy Finance, China invested US$102 billion in 2015 alone.

Key Points: ..The guidelines classify outbound investment into three groups: encouraged, restricted, and prohibited transactions. ..China will promote outbound direct investments transactions that are strategically important to China’s growth and development. ..China will discourage or prohibit outbound direct investments that run counter to the PRC’s national interests or are prone to “i

Chinese policymakers have indicated that the country’s Emissions Trading System (ETS) — which will be the largest system of its kind globally and the centerpiece of Chinese climate change policy — is likely to launch in November 2017 “at the very earliest”. The delay will enable China to announce the launch at the next UN Climate Change Conference in Bonn, Germany.