Miller Canfield (JD Supra China)

Auto insurance in China is divided into mandatory auto liability insurance and other types of auto insurance (commonly referred to as “commercial” auto insurance). The mandatory auto liability coverages (generally third-party death and injury other than passengers and the driver, medical and vehicle damage) are well-known to consumers.

After the U.S. Trade Representative ("USTR") announced an increase in U.S. tariffs on approximately $200 billion of goods from China from 10% to 25%, China responded by increasing tariffs of 25%, 20% or 10% on approximately $60 billion of U.S. goods. The increased China tariffs became effective June 1, 2019.

China announced new policies to further open its financial sector to foreign investors in November 2017, and has recently updated its timetable to implement these policies. On April 10, 2018, President Xi Jinping made a keynote speech at the opening ceremony of the Boao Forum for Asia Annual Conference 2018 in which he further strengthened China's commitment to significantly easing market access...

A short while ago, China finally granted the Trump Organization a trademark registration after a 10-year struggle. The timing of the announcement has fueled concern because just days before, President Trump had a phone call with Mr. Xi Jinping, China’s president.

After 24 rounds of negotiations, former Chinese Minister of Commerce Chen Deming announced on March 23, 2016, that the United States and China have resolved several key roadblocks and are close to signing a U.S.-China bilateral investment treaty (“BIT”). According to the U.S.-China Business Council, U.S. foreign direct investment (“FDI”) in China has been steady over the past eight years,...

On September 21, 2015, the 16th session of the Central Leadership Group for Comprehensively Deepening the Reform adopted “Opinions on Implementing the Negative List System for Market Access” (Opinions) announcing that China will officially implement a national unified Negative List system for market access in 2018. The Opinions and the Negative List market access system are part of China’s...

China’s Ministry of Commerce (MOFCOM) has issued a draft Foreign Investment Law for public comment. The draft law (the Draft) will almost certainly not become law until 2018 at the earliest and changes are likely before it does. However, the Draft signals a major and interesting development in China’s legal regime for foreign investments.

The People's Republic of China Ministry of Commerce (“MOFCOM”) recently implemented a pilot program to optimize the procedure for reviewing and approving foreign investment projects by central MOFCOM. Effective May 28, 2014, all central MOFCOM approvals of the formation of foreign-invested entities, and subsequent changes in foreign invested entities, must follow the new procedures set forth in...

Chinese companies may be able invest up to US $1 billion overseas without approval of the Chinese government unless the investment is in a sensitive country or industry under new rules passed by China’s State Council in December 2013.

Most foreign direct investment projects will be treated the same as their domestic counterparts with regard to governmental approval requirements under new rules passed by China’s State Council. The move substantially relaxes rules on foreign investments in China. The new rules were passed on December 13, 2013, and took effect the day they were issued.

The “Provisions on the Liability for the Repair, Replacement and Return of Domestic-Use Automobile Products” (the “Provisions”) issued by the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) took effect on October 1, 2013. The Provisions set forth the legal basis and implementation guidance for new mandatory “repair, replacement and return warranties” (“3Rs-Warranty

On September 29, 2013, China launched its long-awaited Shanghai Free Trade Zone (SFTZ), which is widely viewed as the most significant milestone in the country’s economic reform since the establishment of Shenzhen Economic Special Zone in 1980. The SFTZ is expected to lead the way for broader financial reforms for the whole country. It’s also expected to fiercely compete with Hong Kong as an...

Chinese currency (renminbi or RMB) is not an internationally convertible currency. A Chinese company needs to convert its RMBs into internationally circulated currencies to pay for imported goods or convert foreign currencies it receives in payment for exports into RMBs.

On May 1, 2012, China’s newly released “Measures for Compulsory Licensing of Patent Implementation” (the New Measures) came into effect.

Originally published in Michigan Lawyers Weekly - Vol. 26, No. 49, October 8, 2012. Economic activity inevitably generates disputes, and economic activity between parties in China and the U.S. is no exception. But where should those disputes be resolved? Resolution in the national courts of China or the United States often is not a viable option. There is no treaty compelling a Chinese...