By Alfred Ip, Partner at OLN and CEDR Accredited Mediator
From 1st January 2010, the court will require parties to civil proceedings to consider using mediation as an alternate means to settle their dispute. The court will require the parties to justify their decision in case they refuse to attempt mediation, failing which adverse costs order may be made against that party, irrespective of the outcome of the litigation.
By Richard Healy, Partner at OLN
In the 30 years or so, since China started opening up for business, it has gone from being little more than a curiosity to the factory of the world.
If the economists are to be believed, China will have the world’s largest economy in the next 20 or so years. However, the legal system is still developing, albeit like everything else in China at a rapid pace.
We have set out below some Practical Tips that you might wish to consider, particularly if you are currently doing business in China or, at some point in the future, contemplate having business dealings with Mainland China or are concerned to protect your intellectual property rights:
1) Protecting your Trademark and I.P. rights
2) Structuring your Foreign Direct Investment
3) Enforcement of your contractual and other rights
GLOBALAW WEBINAR - CROSS BORDER AND LABOUR INITIATIVE
Hosted by:
Mike Nowlan, Clark Hill PLCPresented by:
Chris Hooley & Adam Hugill, Oldham Li & Nie (Hong Kong & Greater China Employment and Immigration Law)
Marie van der Zyl & Christopher delaMare, Davenport Lyons (UK Employment and Immigration Law)
Date:
Wednesday, February 3, 2010
By Jonathan Rostron, Partner
On 16th October 2009, the United States Court of Appeal for the Second Circuit issued a judgment that sounded the death knell of the "Rule B attachment" phenomenon by reversing the 2002 "Winter Storm" decision which allowed the attachment in maritime claims of a defendant's US dollar Electronic Funds Transfers (EFTs) through New York Banks.
Non-Chinese entities should be aware of the risks of exposing themselves to Chinese Enterprise Income Tax (“EIT”) and Business Tax (“BT”) merely by transferring non-Chinese employees to work in China.
The concern is that a non-Chinese entity may be regarded by the PRC Tax Authorities as having a Permanent Establishment in China (“PE”), even though it does not have any physical existence or place of business in China.
This is precisely where OLN’s China Practice team and its experienced team members can offer invaluable assistance.
Practical Zone