This writer recently encountered a case: a company (hereinafter referred to as “Company A”) with a large amount of registered capital, felling such large, registered capital was unnecessary, reduced it. In the process of reduction, the capital reduction information was only announced in local newspaper but not notified to every single creditor. One shareholder of
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An Unruly Horse: The Unpredictable Nature of Public Policy in “Annulment” and “Recognition” ActionsAn Unruly Horse: The Unpredictable Nature of Public Policy
“[W]ith regret, this is one such case in which I have found that the conduct of the arbitrator in the course of the hearing is so egregious, that Lee has been denied due process and deprived of his right to a fair hearing.” By addressing the aforementioned reasoning in the case of SONG LIHUA v.…
Legal Basis for Policy Conversion in China
Ⅰ . Background
With the further aging of the population, the pension issue has gradually become a focus of attention in CHina, prompting the insurance industry to explore and develop life insurance products with long-term coverage and pension features. Meanwhile, due to the impact of the scheduled interest rate reduction, in addition to developing new products,…
Antitrust Compliance Incentive Mechanism in China
Interpretation of the Guidelines on Antitrust Compliance for Undertakings (Draft for Public Comments)
On September 18, 2020, the State Administration for Market Regulation (“SAMR”) released the Guidelines on Antitrust Compliance for Undertakings. On March 21, 2024, SAMR released a draft for public comments of the revised Guidelines on Antitrust Compliance for Undertakings (the “New Compliance…
China Relaxes Cross-border Data Transfer Restrictions
Introduction
On 22 March 2024 at 2000 hours, the Cyberspace Administration of China (“CAC”) released the long-awaited Regulations for Promoting and Standardising Cross-Border Data Transfer (“CBDT Regs”), which took effect immediately. The CBDT Regs undo or further clarify some of the requirements under:
- Article 38 of the Personal Information Protection Law (“PIPL”);
- Measures for the
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Analysis regarding the Development of D&O Liability Insurance System in China under 2023 PRC Company Law
Directors and Officers Liability Insurance, also known as D&O Insurance, (hereinafter referred to as “D&O Insurance”), constitutes a form of professional liability insurance which covers the civil liabilities incurred by directors, supervisors, and senior executives (hereinafter referred to as “Directors and Officers”) in defending against the claims brought by companies, shareholders or third parties. It…
How Copyright Responds to AI-generated Images
1. Introduction: when PRC court encounters AIGC[1]
On November 27, 2023, the Beijing Internet Court made a judicial ruling on a case regarding the AI-generated images (the “First AI-image Case”).[2] This case is noted to be the first of its kind in China, involving a plaintiff surnamed Li and a defendant surnamed…
AnJie Broad International Commercial Dispute Resolution NEWSLETTER
I. AnJie Broad’s News on Int’Commercial Dispute Resolution
- AnJie Broad Partners An Shouzhi, Wan Jia, and Wu Shanshan Listed on the First Legal 500 Arbitration Powerlist China 2023Recently, the Legal 500, an internationally renowned and authoritative legal rating agency, announced the first Arbitration Powerlist China 2023. With extensive practical experience in the field of arbitration
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China: A deep dive into the proposed cybersecurity incident reporting framework
In an era dominated by digital connectivity, safeguarding the integrity of networks and information systems has become a global imperative. China, recognizing the critical importance of cybersecurity, has introduced the draft Management Measures for Cybersecurity Incident Reporting (the Measures). The Measures outline a comprehensive approach to reporting cybersecurity incidents, aiming to minimize losses, incentivize legal…
The Value and Significance of the Rare Earth Antitrust Litigation
–At the Juncture of the Supreme Court Judgment
At the onset of 2024, AnJie Broad’s antitrust team secured a pivotal second instance judgment from the Supreme People’s Court of China (“the Supreme Court”) in the rare earth antitrust litigation. The ruling completely overturned the first instance judgement rendered by the first instance court Ningbo Intermediate…