APPLICABLE LAWS TO ARBITRATION AGREEMENTS UNDER CURRENT ARBITRATION LAW AND PRACTICE IN MAINLAND CHINA

2014 ◽  
Vol 63 (3) ◽  
pp. 741-754 ◽  
Author(s):  
Fan Yang
Keyword(s):  
Mainland China ◽  
People's Republic Of China ◽  
International Arbitration ◽  
Mainland Chinese ◽  
Republic Of China ◽  
Chinese Law ◽  
Judicial Practice ◽  
The Law ◽  
Consistent Approach

AbstractThis article examines the recent development of mainland Chinese law and judicial practice regarding the law applicable to arbitration agreements. It identifies potential changes to mainland Chinese law and practice that may help to further develop the People's Republic of China (PRC) into a truly international-arbitration-friendly jurisdiction. It argues that in the absence of explicit statutory provisions and a consistent approach in the People's Courts to the determination of the place of arbitration and the law applicable to arbitration agreements, it is important for parties negotiating arbitration clauses with a seat in China and/or for contracts involving mainland Chinese elements to explicitly designate the place of arbitration as well as the law governing their arbitration agreements.

scholarly journals Demand Guarantees in the People’s Republic of China and the Republic of South Africa

2019 ◽  
Vol 6 (2) ◽  
pp. 4-32
Author(s):  
Ch. Hugo
Keyword(s):  
South Africa ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Judicial Interpretation ◽  
Republic Of China ◽  
The World ◽  
The Law ◽  
The Republic ◽  
Legal Consequences

Guarantees play an important role in large commercial contracts internationally. Guarantees can be either independent (demand) guarantees or accessory guarantees. The legal consequences of the two differ significantly and, therefore, it is important to differentiate clearly between the two. In the case of independent (demand) guarantees – the focus of this contribution – the guarantor’s liability is independent of the underlying performance it is guaranteeing, and is accordingly to be determined, in principle, with reference only to the terms of the guarantee. However, this is not an absolute principle. Jurisdictions throughout the world recognize exceptions to this principle, the most important and prevalent being fraud on the part of the beneficiary. A Judicial Interpretation by the Supreme People’s Court of the People’s Republic of China relating to independent guarantees came into operation in December 2016. Its rules depart in some important respects from the law of guarantees in South Africa, both in relation to the determination of the nature of the guarantee (as independent or accessory) and in relation to the exceptions to the principle of independence. This article explores these issues against the background of the law of contract of both countries.

Taiwan

2018 ◽  
Author(s):  
Nicholas J. Monaco
Keyword(s):  
Social Research ◽  
Mainland China ◽  
Fake News ◽  
People's Republic Of China ◽  
Main Method ◽  
Political Issues ◽  
Intelligence Gathering ◽  
Republic Of China ◽  
Electoral Campaign ◽  
Rich History

Taiwan is a country with a rich history and cultural ties to mainland China. Though there has been much research and effort dedicated to propaganda and censorship in the People’s Republic of China over the years, less attention has been paid to the digital propaganda sphere in Taiwan. This report explores computational propaganda in Taiwan and finds that digital propaganda in Taiwan can be divided into two types: (1) internal propaganda on domestic political issues and campaigns, and (2) cross-Strait propaganda—emanating from the mainland and promoting reunification of the two countries. Furthermore, recent computational and social research points to manual propaganda being the main method used in campaigns in both countries. The use of two political bots in Taiwan, an anti-fake news bot and an intelligence-gathering crawler bot used in a 2014 electoral campaign, is explored in detail.

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region

2020 ◽  
pp. 1-17
Author(s):  
Simon N.M. Young
Keyword(s):  
Hong Kong ◽  
National Security ◽  
Chief Executive ◽  
People’S Republic Of China ◽  
Special Administrative Region ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Administrative Region ◽  
Basic Law ◽  
The Law

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) was passed on June 30, 2020 by the Standing Committee of the National People's Congress (NPCSC). It did not have immediate direct effect in the Hong Kong Special Administrative Region (HKSAR). After consulting the Committee for the Basic Law of the HKSAR (BLC) and the Government of the HKSAR (HKSARG), the NPCSC added the NSL to Annex III of The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Basic Law) before the Chief Executive of the HKSAR (Chief Executive) promulgated the NSL for local application. All this happened on June 30, enabling the NSL to enter into force at 11 p.m., just ahead of the twenty-third anniversary of the establishment of the HKSAR on July 1, 2020.

Evolution of Arbitration System under the China FTZ Template

2018 ◽  
Vol 01 (03) ◽  
pp. 1850018
Author(s):  
Liu Huichun
Keyword(s):  
Free Trade ◽  
Ad Hoc ◽  
Third Parties ◽  
International Arbitration ◽  
Republic Of China ◽  
Free Trade Zones ◽  
Judicial Practice ◽  
New Concepts ◽  
Interim Measures ◽  
Made In

The construction of China’s free trade zones (FTZs) has levered the evolution of the arbitration regime in the People’s Republic of China (PRC). Under the FTZ template, breakthroughs in arbitration have been made in regulations, FTZ arbitration rules, arbitral proceedings and judicial practice. The development of FTZ arbitration mechanism is highlighted with the introduction of new concepts, such as ad hoc arbitration consolidation of arbitration joinder of third parties and model cases, and with the updated or expanded interpretation of the existing concepts, such as permission for the offshore arbitration for WFOEs and FIEs interim measures arbitration in combination with mediation, and the open panel of arbitrators. Regardless of the progress, many issues related to the FTZ arbitration need to be clarified, among which is the amendment of the PRC Arbitration Law and keeping it in line with the mainstream international arbitration, constitute probably the most effective way to promote and guarantee the arbitration evolution.

scholarly journals What’s the lender liability risk for soil pollution in the People’s Republic of China? An evaluation of China’s new Soil Pollution and Control Law in the light of the USA and UK regimes

2019 ◽  
Vol 21 (3) ◽  
pp. 173-188
Author(s):  
Lloyd Andrew Brown
Keyword(s):  
Soil Pollution ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Usa ◽  
The Law ◽  
Lender Liability ◽  
Management Advice ◽  
And Control ◽  
People's Congress

On 1 January 2019, following a presidential order confirming its adoption by the Fifth Session of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China (PRC), the Law of the People’s Republic of China on Soil Pollution and Control 2019 (SPC) was introduced into law. Succinctly, the SPC was enacted to deal with the vast amount of soil pollution that currently exists in China. This article’s central thesis is that, following a comparative analysis of the regulatory regimes in the USA and UK, the law creates environment-related risks for lenders. In particular, the article is concerned with the risk of lender liability, that is, where the lender itself is made directly liable for the costs of soil pollution remediation. In light of the USA and UK regimes, risk management advice is provided for obviating any prospective lender liability that may be forthcoming from the SPC. As with the regulations in other countries, it appears that the degree of ‘control’ that lenders exercise over their clients must be limited to mitigate the possible transference of any direct liability under the PRC’s principles of property rights law.

scholarly journals Spatial-temporal distribution of human brucellosis in mainland China from 2004 to 2017 and an analysis of social and environmental factors

2020 ◽  
Vol 25 (1) ◽  
Author(s):  
Cheng Peng ◽  
Yan-Jun Li ◽  
De-Sheng Huang ◽  
Peng Guan
Keyword(s):  
Linear Regression ◽  
Mainland China ◽  
Incidence Rates ◽  
Multivariate Linear Regression ◽  
Health Science ◽  
Annual Rainfall ◽  
People’S Republic Of China ◽  
Human Brucellosis ◽  
People's Republic Of China ◽  
Republic Of China

Abstract Background This study aimed to describe the changing distribution of human brucellosis between 2004 and 2017 in mainland China and seek scientific evidence of the relationship between socio-economic, environmental, and ecological factors and human brucellosis incidence. Methods The annual numbers of brucellosis cases and incidence rates from 31 provinces in mainland China between 2004 and 2017 were obtained from the Data-Center for China Public Health Science. The number of monthly brucellosis cases in 2018 was obtained from the Chinese Center for Disease Control and Prevention. The electronic map of the People’s Republic of China was downloaded from the National Earth System Science Data Sharing Platform. Human population density, gross domestic product (GDP), and an inventory of cattle and sheep at the end of each year from 2004 to 2017 were obtained from the National Bureau of Statistics of China. Annual rainfall data from 31 provinces in the People’s Republic of China from 2004 to 2017 were collected from the China Meteorological Data Service Center. The risk distribution and changing trends of human brucellosis were mapped with ArcGIS. A cluster analysis was employed to identify geographical areas and periods with statistically significant incidence rates. Multivariate linear regression was used to determine possible factors that were significantly correlated with the presence of human brucellosis cases. Results Human brucellosis cases have spread throughout the whole country. Human brucellosis cases occurred mostly from March to August and were concentrated from April to July. The inventory of sheep, GDP, and climate were significantly correlated with the presence of brucellosis cases in mainland China. Conclusions The geographical expansion of human brucellosis in mainland China was observed, so did the high-incidence clusters between 2004 and 2017. Most of the cases were reported during the early spring to early summer (February–August). Results from the multivariate linear regression suggested that the inventory of sheep, GDP, and climate were significantly associated with the incidence of human brucellosis in mainland China.

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