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Open AccessThe CJEU’s Strict and Effective Interpretations of the Exceptions and Limitations of the InfoSoc Directive: Origin Over Flexibility
The Court of Justice of the European Union (CJEU) maintains strict interpretation and effective interpretation to guide its harmonisation of the exceptions and limitations (E&Ls) in Art. 5 of Directive 2001/29...
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Book Series
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Nan**g Dingfu Toys & Gifts Co., Ltd. v. Michyvic S.L., Yu Hai
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Daewon GSI Co., Ltd. v. Zhejiang Wuyi Tea Industry Co., Ltd.
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Chapter
Choi Wonkyu v. Xu Chunhua
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Chapter
YT Tech Corporation v. Yantai Haiwan Plastic Products Co., Ltd
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Chapter
Plea Leniency in Mainland China: Legislation, Characteristics and Effects
The mechanism of Plea Leniency was formally introduced in the People’s Republic of China (China) in 2018. This new justice system was designed for the purpose that defendants are encouraged to plead guilty and...
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Chapter
Arbitration Agreement
The expression of intention to arbitrate between the parties is a prerequisite for initiating arbitration. The arbitration agreement can bind the parties to submit the dispute to arbitration and thus exclude t...
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Chapter
Evidence and Substantive Matters
The concealment of evidence refers to the concealment by one of the parties in the arbitration proceedings of evidence that has a significant impact on the determination of the facts of the case, which leads t...
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Chapter
Arbitration and Criminal Proceedings
With the development of the economy, more and more criminal cases frequently emerge in civil cases or look like civil and criminal cases. Such circumstance could be found in the practice of commercial arbitrat...
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Chapter
Civil Follow Criminal or Criminal Follow Civil Procedure as Models to Deal with IP Infringement: Asian vis-à-vis Western Approaches
This joint article tries to identify yet another factor that shapes IP laws and regimes in some major Asian economies. It finds that it is the actual use or overuse of criminal punishment for protecting IP rig...
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Chapter
Parties and Participants
Applying for cancellation of the arbitral award is one of the remedies for the parties who refuse to accept the arbitration result. Article 58 of the Arbitration Law stipulates, “A party may apply for setting ...
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Chapter
Judicial Paternalism and the Stagnant Bargaining Process in Taiwan
The Republic of China (hereinafter Taiwan) introduced a bargaining process into its criminal procedure in 2004 as an alternative to ordinary trial proceedings to alleviate the heavy workload of courts when ent...
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Public Policy
China implements a verification system for court decisions that deny the validity of arbitration agreements or arbitral awards, which is, the relevant court decisions need to be reported to the High People’s C...
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Book
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International and Interregional Recognition and Enforcement of Arbitral Awards
Since its adoption by the United Nations in 1958, the New York Convention has been enriched through the legal practice of the local courts of the Contracting States in various jurisdictions.
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Article
An overview of Macao’s new arbitration law: provisional measures and recognition of arbitral awards
As a special administrative region of China, Macao preserves a previous continental European civil law system with a transition into a Chinese constitutional and legal framework, embedded in a mixture of Chine...
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Chapter
Baojia Sun, Gongdao Zhang v Shanghai Huili Group Co, Ltd, Shanghai Huili Flooring Products Co, Ltd
Baojia Sun, Gongdao Zhang v Shanghai Huili Group Co, Ltd (hereinafter “Shanghai Huili”), Shanghai Huili Flooring Products Co, Ltd (hereinafter “Shanghai Huili Flooring”) is an international sale of goods contract...
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Chapter
XXX (Bei**g) International Trade Co., Ltd. vs. XX Co., Ltd.
XXX (Bei**g) International Trade Co, Ltd v XX Co, Ltd is an international sale of goods contract dispute, in which the plaintiff, XXX (Bei**g) International Trade Co, Ltd, claimed that it had a sales relationsh...
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Chapter
Engineering Compulsory Food Safety Liability Insurance in China: A Joint Perspective of Public and Private International Law
The Chinese toxic milk scandal raised tremendous global concerns about food safety in China. To repair the tarnished reputation of domestic food production, Chinese authorities focused on compulsory food safet...
