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On 1 September 2023, the Standing Committee of China’s National People’s Congress released the amendments to the PRC Civil Procedure Law (“2021 CPL”) which will take effect from 1 January 2024 (“2024 CPL”). Among these amendments, there are considerable changes in respect of foreign-related litigation, including the PRC courts’ jurisdiction over foreign-related disputes, parallel proceedings, service of process, nationality of arbitral awards and recognition and enforcement of foreign judgments. Wider scope of PRC courts’ jurisdiction…

In brief The long overdue “Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill” (“RE Bill”) was passed by the Hong Kong Legislative Council on 26 October 2022. The RE Bill implements the “Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region”, which was signed between the Supreme People’s Court of the Mainland and the HKSAR…

In brief On 14 May 2021, the Supreme People’s Court (SPC) and the Hong Kong government agreed a framework (“Framework”) for judicial cooperation in corporate insolvency and debt restructuring. Under the Framework: A Mainland bankruptcy administrator may apply to the Hong Kong High Court for recognition of and assistance to Mainland bankruptcy proceedings.A Hong Kong liquidator or provisional liquidator may apply to the Intermediate People’s Court at a designated pilot area for recognition of and…

On 25 December 2019, the PRC Supreme People’s Court (“SPC”) released the amended Provisions on Evidence for Civil Proceedings (“Amended Evidence Rules”), which will come into force on 1 May 2020, replacing the old evidence rules that have been in effect since 2002. Major Provisions Significant provisions in the Amended Evidence Rules include, among others, the following. 1. Electronic data evidence Articles 14, 15, 93 and 94 of the Amended Evidence Rules set out the…

Six years after its inception, the Belt and Road Initiative (BRI) launched by Chinese President Xi Jinping has entered a new, more mature stage. Now based on a more inclusive, transparent and sustainable approach, the global development strategy has been gaining more traction in the 130+ collaborating countries. However, there are two sides to this particular coin: as the opportunities grow, so do the risks. Risk mitigation and compliance for BRI projects have become top…

On October 1, 2019, the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region” (“Arrangement”) entered into between the Hong Kong Government and China’s Supreme People’s Court came into force. This Arrangement allows, for the first time, parties to arbitrations[1] seated outside of Mainland China to obtain interim relief protection[2] from Chinese Courts. The Arrangement is reciprocal…