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IA Fundamentals丨3. Hard Law and Soft Law in IA China Law

Details: The international laws regulating international arbitration can be divided into “hard law” and “soft law” based on two common standards: (1) Legal binding force. In general, the distinction between “hard law” and “soft law” is the ‘law’s’ legal binding force. …

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Pharmaceuticals and Healthcare in the Civil Code China

Details: The world will be in order if good laws are established. China’s first Civil Code was approved at the third session of the 13th National People’s Congress and will come into force on January 1, 2021. As a fundamental body of law with a solid foundation, stable expectations and long-term benefits, its compilation is a significant milestone

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China’s State Secrets Law and Compliance Issues for

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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Overview of Doing Business in China China Law Insight

Details: The PRC body of laws has undergone a comprehensive overhaul since 1979 with the passage and revision of many major pieces of legislation, including laws and regulations applicable to foreign investment. 3 Establishing a Business Vehicle in China. 3.1 General Policy

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China Issues Self-driving Car Road Testing Regulations

Details: As is the case with the Local Regulations, test drivers and test applicants are liable for any violation of traffic laws and are liable for any traffic accidents caused. In case of an accident which causes serious personal injury, death or vehicle damage, the test applicant must submit a report to the local provincial authority within 24 hours.

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The Legal System and Civil Procedure for Commercial

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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Human Genetic Resources China Law Insight

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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China Releases Big Plan for Autonomous Vehicles China

Details: (4) Improve laws and standards The Strategy stresses the importance of improving laws and standards for intelligent vehicles. The priority areas include the identification of “robot driver”, liability, cybersecurity and data management in relation to intelligent vehicles and also ethical research, clarification of legal rights, obligations

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Recognition and Enforcement of Foreign Arbitral Awards in

Details: According to PRC laws and regulations, the substantive Recognition and Enforcement Proceeding will not be suspended by judicial review. We have seen some of the provincial high courts, such as Shandong Provincial High Court, follow the Supreme People’s Court’s ruling that respondents to Recognition and Enforcement Proceedings are only

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China: Beauty Revolution New Regulations Announced for

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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Best of Both Worlds

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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China Tightens Regulation for Online Education China Law

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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A Brief of New Individual Income Tax Policies on Foreign

Details: Announcement No. 3 makes it clear that the qualified foreign tax allowed for credit is the foreign tax that has actually been paid by the tax-resident individual on the foreign income in accordance with the tax laws and rules of the country (region) where the income is sourced.

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Four Key Issues on China’s Unreliable Entity List China

Details: Pursuant to Paragraph 5, Article 52 of the Contract Law, a contract term shall be null and void when it violates the compulsory provisions of laws and administrative regulations. However, the UEL Provisions are only departmental rules, inferior to the laws and administrative regulations by the hierarchy of laws.

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Global M&A – Know the differences btw PRC and foreign

Details: In today’s global corporate world, many conglomerates have complex and layered shareholding structures with multiple entities in various jurisdictions. Each entity must function as part of a cohesive whole within the larger global group, but will still be governed by company laws or other laws of its respective local jurisdiction. In international M&A deals, parties sometimes approach the

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China’s Legislation on Autonomous Cars Rolls out China

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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Do state-owned enterprises enjoy sovereign immunity

Details: Since the Fireworks case in 1979 and other judicial experience relating to state immunity in foreign courts, myriads of Chinese laws have been revised, creating further legal distinction between the state and an SOE. The Constitution of the People’s Republic of China prescribes that “state-owned enterprises have decision-making power”. [9]

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China National Intellectual Property Administration issued

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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Year 2020 in Review: A New Wave of China’s Anti-Monopoly Law

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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LIBOR Transition – Forward-looking Term SOFR Is Here

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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Management of Non-Registered NGOs in China China Law Insight

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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Will standard representations amount to Contractual

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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The Validity of Arbitration Agreements under Chinese Law

Details: The Chinese laws and regulations, which are legal basis of this mechanism to determine validity, have been refined since the Interpretation was promulgated and implemented. These improved rules establish stricter requirements for parties to create of legal and valid arbitration clauses or …

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Highlights of the Draft for Comments of the Judicial

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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China’s 11 measures to further open up its financial

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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China Announces Provisions on the Unreliable Entity List

Details: King & Wood Mallesons (KWM) is an international law firm headquartered in Asia. As the first firm in the world able to practice in China, China Hong Kong SAR, Australian, English, the US and a significant range of European laws, our presence and resources in the …

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Application of Law in Anti-commercial Bribery in Medical

Details: These laws have undergone several rounds of modification over the past 20 years to keep them adaptive to the developing market. As the most important gatekeeper to safeguard the market-oriented economy, market regulation authorities should be loyal to and accurately applying the law, trying not to leave the market participants in the dark.

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