Category Archives: laws and regulations

Interpretation of the Supreme People’s Court concerning Some Issues on Application of the Arbitration Law of the People’s Republic of China

Announcement of the Supreme People’s Court

The “Interpretation of the Supreme People’s Court concerning Some Issues on Application of the Arbitration Law of the People’s Republic of China”, which was adopted at the 1375th meeting of the Judicial Committee of the Supreme People’s Court on December 26, 2005, is hereby promulgated, and shall come into force on September 8, 2006. Continue reading

Provisions on Manning Foreign-flagged Ships by Chinese Seafarers of the People

Provisions on Manning Foreign-flagged Ships by Chinese Seafarers of the People
Chapter I General Provisions

Article 1 In accordance with Regulation of the People’s Republic of China on Seafarers as well as laws and regulations related to overseas labor service, the Provisions are formulated to regulate the recruitment and placement service to Chinese seafarers serving onboard non-Chinese flagged ships, protect the lawful rights and interests of seafarers, and promote the sound development of the shipping industry. Continue reading

Abitration Law of the People’s Republic of China

Adopted by the 9th Meeting of the Standing Committee of the eighth National People’s Congress on August 31, 1994 And promulgated by the Decree No.31 of the president of the People’s Republic of China on August 31, 1994

Chapter I General Provisions

Article 1 The law is formulated with a view to ensure fair and timely arbitration of economic disputes, reliable protection to legitimate rights and interests of parties concerned and a healthy development of the socialist market economy.

Article 2 Contractual disputes between citizens of equal status, legal persons and other economic organizations and disputes arising from property rights may be put to arbitration. Continue reading

The circumstance in which the attorney fees may be borne by the counterparty as per China Laws.

 

Generally speaking, the party who hires the lawyer should pay for the attorney fees at his own cost as per China legal practice. However, there are indeed exceptional circumstances in which the party could claim for the attorney fees.

  1. The attorney fees that the creditor paid in the realising the right of revoking a contract. As per the supreme court’s interpretation of the Contract law of PRC, the creditor is entitled to revoke the act that the debitor did if such act endangered the credit right.
  2. There are provisions of attorney fees in the contract. If the parties expressed agreed in the contract that the attorney fees shall be borne by the other party in the lawsuit of contract disputes, the winning party may be entitled to recover the attorney fees.
  3. the plantiff could claim for the lawyer fees in the trademark infringement case. As per the supreme court’s interpretation of laws, the reasonable lawyer fees could be deemed as the plantiff’s necessary expense and may be supported by the law court.
  4. The claimant could plead that the lawyer fees be undertaken by the counterparty in most of arbitration proceedings.
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