Notes From The China Desk
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March 27, 2024
|3 min read
Mainland-HK Interim Measures Arrangement in Aid of Arbitration: Latest Developments
On March 8, 2024, the Hong Kong International Arbitration Centre (HKIAC) released statistics on applications it processed under the Arrangement Concerning Mutual Assistance in Court-Ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and the Hong Kong Special Administrative Region (Arrangement) since the Arrangement came into effect on October 1, 2019.
January 2, 2024
|4 min read
Mainland and Hong Kong to Expand Scope of Recognition of Judgments
The Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and the Hong Kong Special Administrative Region (2019 Arrangement) will come into effect simultaneously in Mainland China (Mainland) and Hong Kong Special Administrative Region (HKSAR) on January 29, 2024.
October 5, 2023
|2 min read
China’s CAC Changes Course on Cross-Border Transfers with Draft Regulations
On September 28, 2023, the Cyberspace Administration of China (CAC) published Regulations to Standardize and Promote Cross-Border Data Flows (Draft for Comments) (the Draft Regulations). In current form, the Draft Regulations appear to clarify and walk back the requirements from prior regulations, including the Data Transfer Security Assessment Measures (Security Assessment Measures) and the Standard Contract Measures for the Transfer of Personal Information (the SCC Measures).
October 3, 2023
|3 min read
China’s Amended Civil Procedure Law Expands Jurisdiction Over Foreign Disputes
In early September 2023, the Standing Committee of the National People’s Congress adopted an amendment to China’s Civil Procedure Law (the Amendment). The Amendment will go into effect on January 1, 2024. The Amendment provides clarity and legal justification for Chinese courts to assert jurisdiction over foreign-related cases that involve Chinese individuals or specific subject matter.
October 2, 2023
|3 min read
Chinese E-Commerce Company Sues Amazon Europe Under China’s Anti-Monopoly Law
Foreign companies should be aware that Chinese companies may attempt, and Chinese courts may accept, these types of cases despite the existence of forum selection and choice-of-law provisions in a contract.
September 12, 2023
|1 min read
Mobile Apps Seeking to Operate in China Must Conduct Filings with the MIIT Before April 2024
The Notice will affect all mobile apps operating on internet networks in China. Mobile app developers or operators will have until the end of March 2024 to complete the filing.
August 4, 2022
|3 min read
China Holds Platform Liable for Sales of Infringing NFTs
On April 20, 2022, the Hangzhou Internet Court held a Chinese NFT-trading platform responsible for copyright infringement for the conduct of one of its users in Case No. (2022) Zhejiang 0192 Minchu No. 1008, the first publicized NFT infringement case in China.
July 26, 2022
|8 min read
Non‑China Transactions in the Context of China’s Newly Amended Anti‑Monopoly Law of 2022
China adopted amendments to its Anti‑Monopoly Law (“AML”) in June 2022 that impact its premerger antitrust review process and substantially strengthen penalties for gun jumping and other AML violations. The amendments are effective as of August 1, 2022. Any business whose products or services are sold in China should be aware of these changes, as Chinese antitrust law extends to transactions entirely outside China’s borders where parties’ revenue from within China meets certain thresholds. This FAQ provides an overview of the AML amendments affecting merger reviews and addresses key questions for non‑Chinese companies that sell products into China or whose business may otherwise be considered to impact Chinese markets.
July 26, 2022
|7 min read
When U.S. Discovery Meets China’s New Data and Privacy Laws
Cadence Design Systems, Inc. v. Syntronic AB et al. is being recognized as one of the first significant decisions regarding discovery disputes involving Chinese companies claiming that Chinese law, specifically the recently enacted Personal Information Protection Law (“PIPL”), would prevent them from complying with discovery obligations in U.S. proceedings.
February 24, 2022
|less than 1 min read
A cross-border team of Winston & Strawn White Collar and Regulatory attorneys discusses the recent legislative acts in China, which have placed multinationals with operations in China that comply with U.S. sanction laws in a tenuous position.
February 8, 2022
|6 min read
China’s 2021 Negative List Increases Risks of VIE Investment
With the release of the 2021 Negative List for the Market Entry of Foreign Investment[1] (“2021 Negative List”), which went into effect on January 1, 2022, China’s policy on foreign investment became clear—foreign companies may invest in unrestricted industries or invest passively according to the restrictions in Chinese law.
December 13, 2021
|2 min read
Chinese Customs Creates Registration Requirement for Companies Involved in Food Import
On April 12, 2021, the General Administration of Customs (GAC) of the People’s Republic of China (PRC or China) released two orders related to the import of food products into China: Order 248 and Order 249 (collectively, the Orders). Both Orders will take effect on January 1, 2022. Taken together, the Orders require numerous participants in the supply chain for import of food products to China to register with the GAC and to comply with PRC food safety laws and regulations.
September 30, 2021
|5 min read
Understanding China’s Variable-Interest Entities
Companies invested or considering investing in variable-interest entity (VIE) structures in China should take precautionary measures to protect against risks illustrated by recent events in China and the United States.
September 24, 2021
|1 min read
HKEX Issues Consulting Paper on Special Purpose Acquisition Companies
On September 17, 2021, the Stock Exchange of Hong Kong published a consultation paper on Special Purpose Acquisition Companies (SPACs).
September 24, 2021
|less than 1 min read
Requirements Under China’s Notice to Prevent Minors from Indulging in Online Videogames
China’s Notice to Prevent Minors from Indulging in Online Videogames, effective September 1, 2021, requires Chinese online videogame companies to limit playing time for minors to essentially three hours per week.
September 3, 2021
|10 min read
China Passed Personal Information Protection Law – How should we view this Chinese “GDPR”?
On August 20, 2021, the National People’s Congress Standing Committee finally passed the Personal Information Protection Law, which aims to establish a personal information protection system with Chinese features and, meanwhile, in line with international standards. It provides a variety of rights for personal information subjects to strengthen their control of personal information, while imposing strict obligations to personal information handlers.
July 31, 2021
|3 min read
China Passes Anti-Foreign Sanction Law
On July 10, 2021, the Standing Committee of the National People’s Congress of the People’s Republic of China (PRC or China) passed the Anti-Foreign Sanctions Law (AFSL), which came into effect on the same day. The AFSL provides general authorization for countersanctions against countries, organizations, and individuals for issuing and implementing sanctions against China and its companies and individuals.
July 30, 2021
|3 min read
China Issues Draft Measures That Affect the IPOs of Chinese Companies
Those who follow legal trends in the People’s Republic of China have become accustomed to government agencies taking actions in specific industries or related to particular business activities in the period around major meetings or events.
July 22, 2021
|2 min read
Compliance Conundrums Keep GC in China Up at Night
New laws and policies are keeping general counsel and compliance officers in China up at night as their companies may be at gunpoint due to regulatory restrictions of the U.S. and other jurisdictions where they operate.
June 30, 2021
|5 min read
MOFCOM Issues Order to Combat Extraterritorial Application of Foreign Laws and Sanctions
On January 9, 2021, in its first order of 2021, the Ministry of Commerce of the People’s Republic of China issued Measures on Obstructing the Unjustified Application of Foreign Laws and Measures (《阻断外国法律与措施不当域外适用办法》) on the basis of the PRC National Security Law. The Blocking Measures came into effect the same day.