The Chinese legislator recently established a nationwide framework for commercial dispute mediation in China. The regulations promulgated on 31 December 2025 by the State Council cover disputes in areas including trade, investment, finance, transportation, real estate, engineering construction, and intellectual property, while excluding matters such as marriage and family, inheritance, guardianship, labour/personnel, and consumer rights that must …
Shanghai International Commercial Court issues investigation order to support international arbitration Shanghai International Commercial Court has, for the first time, issued an investigation order to assist in evidence collection for an international commercial arbitration case, marking a significant step in China’s efforts to enhance judicial support for international arbitration and foster an arbitration-friendly legal environment. Source: …
Continue reading “SHIAC supports international arbitration interim order”
China unveiled regulations on Monday to strengthen implementation of its anti-sanctions law as part of efforts to counter external hostilities. Source: https://www.scmp.com/news/china/politics/article/3303684/china-issues-regulations-boost-implementation-anti-sanctions-law
China has moved to ban authorities from imposing fines on private businesses without a legal basis in the latest draft of a new private-economy promotion law, as the country’s leaders step up efforts to boost confidence in the private sector and shore up economic growth. Source: https://www.scmp.com/economy/china-economy/article/3299981/china-steps-protections-private-sector-updated-draft-law
John Liebeskind assisted a Middle-Eastern pharmaceutical group in an arbitration resulting from the revocation of its contract for the research and development (R&D) of a new drug with a foreign developer. Although the arbitration tribunal ruled that the principal had been at fault, it reduced the multi-million quantum by 80% on the basis of John’s …
John Liebeskind lectured on “Objections in Arbitration: Theory & Practice” at the Shanghai University of Political Science and Law (SHUPL) 上海政法学院 shànghǎi zhèngfǎ xuéyuàn on 28 November 2024.
John Liebeskind lectured on the freezing of assets from a Sino-Swiss perspective at SwissCham Beijing on 18 April 2024.
John Liebeskind won a freezing order from the court in Shanghai against a bad debtor and, eventually, the remittance of the frozen assets. The debtor had instructed the client, towards whom the debtor was indebted, as agent for the sale of an apartment in Shanghai. They entered a fee agreement entitling the creditor to pay …
John Liebeskind assisted Global Law Office advising and representing a major Chinese automobile manufacturer against a foreign yet Chinese-controlled joint-venture (JV) partner in an arbitration filed by the latter for breach of the JV contract which was governed by Swiss law. The dispute involved several issues of Swiss contract law diverging from Chinese legal concepts …
John Liebeskind advised a major Swiss retailer about counterfeit shampoo sold in China by an ex-employee. The client had neglected to protect itself in China with an adequate trademark registration and the related licenses. John halted the counterfeiter and implemented such protection.
John Liebeskind advised and assisted a Swiss watch group in obtaining proof of high quality triple-A counterfeit watches in China and using the internal complaint channels of B2C Chinese platforms to halt their sale.
John Liebeskind advised the Chinese Gymnastics Association (CGA) 中国体操协会 zhōngguó tǐcāo xiéhuì about a disciplinary measure rendered by the Fédération internationale de gymnastique (FIG ; World Gymnastics) in violation of the latter’s procedural rules and the appeal of the related decision before the Court of Arbitration for Sport (CAS).
John Liebeskind advised a Geneva company producing transducers in China against an ex-employee who produced copycats and sold them to his ex-employer’s clients. John filed a complaint with the Chinese authorities and halted the counterfeiter.
Even though there are obviously local specificities, Chinese-related dispute resolution is not much different than anywhere else in the world insofar as the following basic, universal principle is respected:“prévenir, c’est guérir”. This discussion of Chinese-related dispute resolution is meant for entrepreneurs in China or in business with a Chinese party, not for lawyers. Along with …
In 2004, Switzerland ranked as the 16th-biggest importer and 21st-biggest exporter of goods and the 10th-biggest importer and 18th-biggest exporter of services worldwide,1 a remarkable figure for a country with a population of less than seven-and a-half million persons. At the same time, it ranked 15th for inbound foreign direct investment (FDI) flows but 9th …
In Part I of this article, I discussed the promotion, the admission and the treatment of whenever trade is hampered or their investment harmed in the importing or host country. the legal remedies available to Swiss exporters and investors for protecting their interests half of this study of the legal framework of Swiss international trade …
John Liebeskind advised Chinese State-owned aeronautical conglomerate about the revocation, by the Chinese party, of a sale contract with a foreign supplier following the discovery that the latter had deceived the former by dissimulating its incapacity to perform, and assisted his client in the ensuing arbitration.
In year 2000 Switzerland signed its one hundredth2 Bilateral Investment Treaty (“BIT”)3, all of which contain dispute resolution provisions…Switzerland’s BITs network thus represents the second largest BITs network in the world.