2020 marked a remarkably unusual year for all, tough and impressive enough. Along with the prevalence of COVID-19 and the deepening of economic globalization, work and production in China were resumed in an orderly manner, bringing positive economic growth against the trend. In this context, commercial dispute resolutions in China were faced with new challenges, and endured new reforms while embracing new developments.
To present an in-depth and systematic report on the 2020 practices and envelopments in the different fields, BAC/BIAC has called upon industry experts to contribute to the Annual Review and Preview of Commercial Dispute Resolution in China (2021) (“2021 Annual Review”), and released it in both Chinese and English to facilitate a better understanding of the status quo of China’s commercial dispute resolutions among interested parties at home and abroad. The 2021 Annual Review is compiled based on the following principles:
First, a foucs on the state of the art. The 2021 Annual Review strives to showcase the latest developments in relevant industries and the leading trends in legal systems and judicial practices. It selected annual hot topics for in-depth analysis, aiming to deliver timely observations and cutting-edge contents while providing detailed information thereof.
Second, a focus on the consistency and systematicness. By inheriting previous compilation rules, the 2021 Annual Review presents an annual overview of various industries, crucial laws and policies, typical cases, analyses of heated issues and prospects, such that the readers are able to grasp the practices and developments of key industries from a multi-angle, holistic perspective.
Third, a focus on practicability. The 2021 Annual Review pays attention to the pragmatic value in order to help commercial entities improve their abilities of risk prevention and dispute resolution. The Editorial Committee is composed of seasoned professionals who deliver observations and opinions based on their rich experience on the industry’s frontline, providing practical references for the readers.
Fourth, a focus on international perspectives. The 2021 Annual Review is written in both Chinese and English, aiming to show the new developments in China’s commercial dispute resolution to overseas readers, and to express the voice of China to the international community. Each report is written in both languages by the same team to ensure consistency and accuracy of contents.
Authors:
Annual Review on Commercial Arbitration in China (2021)
FEI Ning | Managing Partner of Beijing Hui Zhong Law Firm
ZHAO Fang | Managing Partner of Shanghai Yun Zheng Law Firm (associated with Hui Zhong Law Firm)
CHEN Jingjing | Partner of Shanghai Yun Zheng Law Firm (associated with Hui Zhong Law Firm)
Annual Review on Commercial Mediation in China (2021)
ZHU Huafang | Partner of TianTong Law Firm
David GU | Partner of TianTong Law Firm
David GU | Partner of TianTong Law Firm
Annual Review on Construction Dispute Resolution in China (2021)
ZHOU Xianfeng | Partner of JunHe LLP
WANG Shuning | Associate of Infrastructure and Project Finance Department, JunHe LLP
YANG Tianbolun | Former associate of Infrastructure and Project Finance Department, JunHe LLP
WANG Paipai | Associate of Infrastructure and Project Finance Department, JunHe LLP
Annual Review on Real Estate Dispute Resolution in China (2021)
ZHAO Xianlong | Managing Partner of King & Wood Mallesons
TAO Zhangqi | Senior Partner of King & Wood Mallesons
QI Yuan | Partner of King & Wood Mallesons
Annual Review on Energy Dispute Resolution in China (2021)
Chris CHI (Xiaodong Qi) | Senior Partner/Counsel at Beijing Lantai Partners and Vice Chairman of Shanxi Energy Law Society
CUI Yifan | Serving for Cisco Greater China area
FU Guomin | Lawyer at Beijing Lantai Partners
Annual Review on Investment Dispute Resolution in China (2021)
BAO Zhi | Partner of FenXun Partners and the Representative of Baker & McKenzie (FTZ) Joint Operation Office
CHENG Zhenyang | Senior lawyer of FenXun Partners
Annual Review on Financial Dispute Resolution in China (2021)
LYU Qi | Deputy general manager of Legal Affairs and Compliance Department, China Minsheng Banking Corp. Ltd.
SONG Shaoyuan | Special-invited legal counsel of Jianfa (Hainan) Legal Service Co. Ltd.
Annual Review on International Trade DisputeResolution in China (2021)
WANG Xuehua | Founding Partner of Beijing Huanzhong & Partners
XING Yuan | Founding Partner of Beijing Huanzhong & Partners
Annual Review on Civil Aviation Dispute Resolution in China (2021)
GAO Feng | Independent arbitrator at Beijing Arbitration Commission / Beijing International Arbitration Center
JIN Zhe (Jason JIN) | Partner of Grandall Law Firm Beijing office and Head of the Aviation Group
LI Zhihong | Partner of RRDS Shanghai Law Firm and director of Aviation Team
Annual Review on Intellectual Property Dispute Resolution in China (2021)
XIE Guanbin | Senior Partner of Lifang & Partners
LI Fengfeng | Partner of Lifang & Partners
LI Chun | Associate of Lifang & Partners
Annual Review on Film and Television Entertainment Dispute Resolution in China (2021)
ZHOU Junwu | Senior partner and the head of the intellectual property business group of Beijing Jincheng Tongda & Neal Law Firm
CHEN Xi | Senior partner of Beijing Jincheng Tongda & Neal Law Firm
MI Xinlei | Partner of Beijing Jincheng Tongda & Neal Law Firm
Annual Review on Sports Dispute Resolution in China (2021)
CAI Guo | FCIArb/FCCA
Jeffrey Benz | Partner of Jin Mao Law Firm
Content:
Preface
About The Authors
Authorities & Departments Index
Legislation & Policies Index
Annual Review on Commercial Arbitration in China (2021)
I. Overview
II. Major Updates of Laws and Regulations and Other Normative Documents
III. Statistics on Judicial Review of Arbitration Cases and Comments on Landmark Cases
IV. Practical and Academic Focus
V. CONCLUSION AND PREVIEW Conclusion and Preview
VI. Glossary of Terms
Annual Review on Commercial Mediation in China (2021)
I. Overview
II. Major Updates of Laws and Regulations and Other Normative Documents
III. Case Studies
IV. Practical and Academic Focus
V. Conclusion and Preview
VI. Glossary of Terms
Annual Review on Construction Dispute Resolution in China (2021)
I. Overview
II. Major Updates of Laws and Regulations and Other Normative Documents
III. Case Studies
IV. Practical and Academic Focus
V. Conclusion and Preview
VI. Glossary of Terms
Annual Review on Real Estate Dispute Resolution in China (2021)
I. Overview
II. Major Updates of Laws and Regulations and Other Normative Documents
III. Case Studies
IV. Practical and Academic Focus
V. Conclusion and Preview
VI. Glossary of Terms
Annual Review on Energy Dispute Resolution in China (2021)
I. Overview
II. Major Updates of Laws and Regulations and Other Normative Documents
III. Case Studies
IV. Practical and Academic Focus
V. Conclusion and Preview
VI. Glossary of Terms
Annual Review on Investment Dispute Resolution in China (2021)
I. Overview
II. Major Updates of Laws and Regulations and Other Normative Documents
III. Case Studies
IV. Practical and Academic Focus
V. SUMMARY AND PROSPECT
VI. Glossary of Terms
Annual Review on Financial Dispute Resolution in China (2021)
I. Overview
II. Major Updates of Laws and Regulations and Other Normative Documents
III. Case Studies
IV. Practical and Academic Focus
V. Conclusion and Preview
VI. Glossary of Terms
Annual Review on International Trade Dispute Resolution in China (2021)
I. Overview
II. Major Updates of Laws and Regulations and Other Normative Documents
III. Case Studies
IV. Practical and Academic Focus
V. Conclusion and Preview
VI. Glossary of Terms
Annual Review on Civil Aviation Dispute Resolution in China (2021)
I. Overview
II. Major Updates of Laws and Regulations and Policies
III. Case Studies
IV. Practical and Academic Focus
V. Conclusion and Prospects
VI. Glossary of Terms
Annual Review on Intellectual Property Dispute Resolution in China (2021)
I. Overview
II. Major Updates of Laws and Regulations and Other Normative Documents
III. Case Studies
IV. Practical and Academic Focus
V. Conclusion and Prospects
VI. Glossary of Terms
Annual Review on Film and Television Entertainment Dispute Resolution in China (2021)
I. Overview
II. Major Updates of Laws and Regulations and Other Normative Documents
III. Case Studies
IV. Practical and Academic Focus
V. Conclusion and Prospects
VI. Glossary of Terms
Annual Review on Sports Dispute Resolution in China (2021)
I. Overview
II. Major Updates of Laws, Regulations and Other Policy Documents in the Sports Sector
III. Case Studies
IV. Practical and Academic Focus
V. Summary and Prospects
VI. Glossary of Terms
Feature: