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Can China’s New “Blocking Statute” Combat Foreign Sanctions?

by Jingru Wang, Wuhan University Institute of International Law Background A blocking statute is adopted by a country to hinder the extraterritorial application of foreign legislation.[1] For example, the EU adopted Council Regulation No 2271/96 (hereinafter “EU Blocking Statute”) in 1996 to protest the US’s extraterritorial sanctions legislation concerning Cuba, Iran and Libya.[2] Since Donald […]

The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played?

The Chinese villages win a lawsuit in China to repatriate a Mummified Buddha Statue hold by a Dutch Collector —What Role has Private International Law Played? By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Email: zhengxinh@cupl.edu.cn. […]

Extraterritorial Effect of the Hong Kong National Security Law

Professor Sophia Tang, Wuhan University (China) and Newcastle University (UK) will give a virtual seminar in the Durham University China Law Centre. The topic is “Extraterritorial Effect of the Hong Kong National Security Law”. Webinar: Extraterritorial Effect of the Hong Kong National Security Law  Speaker:Prof Zheng TANG Time:13:00 p.m. Tuesday, October 13    Zoom: https://durhamuniversity.zoom.us/j/96430562639?pwd=NS9lTGlxN3U2T2dzWWIwckJodGFRQT09 Meeting ID: 964 […]

Brentwood Industries v. Guangdong Fa Anlong Machinery Equipment Co., Ltd. –A third way to enforce China-seated arbitral awards made by foreign arbitration institution

Brentwood Industries v. Guangdong Fa Anlong Machinery Equipment Co., Ltd.–A third way to enforce China-seated arbitral awards made by foreign arbitration institution by Jingru Wang Wuhan University Institute of International Law Background Nationality of an arbitral award marks the source of the legal validity of the award. Most countries generally divide the awards into domestic […]

Unwired Planet v Huawei [2020] UKSC 37: The UK Supreme Court Declared Competence to Determine Global FRAND Licensing Rate

  Background The UK Supreme Court delivered the landmark judgment on Unwired Planet v Huawei and Conversant v Huawei and ZTE, [2020] UKSC 37 on 26 Aug 2020. In 2014, the US company Unwired Planet sued Huawei and other smartphone manufacturers for infringing its UK patents obtained from Ericsson. Some of these patents are essential […]

State immunity in global COVID-19 pandemic:

State immunity in global COVID-19 pandemic: Alters, et. al. v People’s Republic of China, et. al. By Zheng Sophia Tang and Zhengxin Huo Background Four American citizens and a company filed the class-action against Chinese government for damages suffered as the result of the COVID-19 pandemic. None of the named plaintiffs were infected by the […]

Coronavirus, force majeure certificate and private international law

Coronavirus outbreak and force majeure certificate Due to the outbreak, China has adopted a number of public health measures, including closing schools and workplaces, limiting public gatherings, restricting travel and movement of people, screening , quarantine and isolation. At least 48 cities were locked down by 14 Feb 2020. (here) More than two thirds of […]

Party autonomy in infringement of copyright: Beijing IP Court Judgement in the Drunken Lotus

China is one of few countries that permits the parties to choose the applicable law governing cross-border infringement of intellectual property disputes. Article 50 of the Chinese Law Applicable to Foreign-Related Civil Relations 2010 (Conflicts Act) provides that the parties could choose Chinese law (lex fori) after dispute has arisen to derogate from the default […]

Due Process in International Commercial Arbitration– October 18, 2019 New York University

Conference on Due Process in International Commercial Arbitration will be held on 18 Oct 2019 at the New York University Lester Pollack Colloquium Room, organised by NYU Centre for Transnational Litigation, Arbitration and Commercial Law. This event will discuss the topics addressed in the national reports drafted on the basis of a questionnaire prepared by Professors […]