CIETAC also introduced rules on early dismissal. A party may request the early dismissal where the claim or counterclaim is manifestly without legal merits or beyond the jurisdiction of the tribunal.
Courts, as a result, should not simply follow the retrial judicial decision of Hifur case, and should make distinction according to actual situation of the case. 2.2.2 With respect to violation of the PRC Law on Chinese-Foreign Equity Joint Ventures due to VAM between shareholders According...
which provides a statistical analysis of the bond dispute cases accepted by the courts in Shanghai from 2018 to 2022, and highlights the legal risks related to cross-border bond disputes, including disputes arising from the exercise of...
In fact, a crucial point is the balance of economic relations based on particular negotiated results in terms of rights and obligations rather than the actual trade flows. Over the last decades of GATT/WTO dispute settlement practice, it has become a truism of GATT/WTO jurisprudence that, lack...
closely combine business thinking with legal knowledge, and provide effective litigation and arbitration plans based on the actual demands of customers and the interests and pain points of the opposite party. In an investment dispute arbitration case, it helped clients achieve all litigation requests an...
Another major factor contributing to the rise in disputes is the growing body of Spanish case law on TP. Recent rulings have clarified the application of TP methods and the interpretation of the arm’s-length principle. These legal precedents serve as critical ref...
actual treaty words, viewed in context and in the light of the treaty's object and purpose, or, in other words, by applying the normal rules of treaty interpretation. It is also well to remember that a prima facie case is one which, in the absence of effective refutation by the ...
governs it must determine exactly what the parties have agreed to arbitrate. The law of the seat deals with matters of procedure but the law of the arbitration agreement deals with matters of the validity of the agreement and is, in that sense, anterior to the actual conduct of the ...
Supervision, Guidance and Digital Courts: Strengthen supervision and guidance (stressed by President Zhang Jun, as mentioned above), deepen trial management, use the “People’s Courts Case Database” and improve the “Legal Response Network 法答网”. [More on this in a later blogpost, but it...
However, the empirical pathway can- not prove that legal solutions to disputes are unimportant but only introduces the ques- tion of whether or not a case-filing mechanism is reasonable. Second, from an organizational perspective based on the court system, the case-filing mechanism is closely ...