SINOTALKS® In Brief

Image: Gerd Altmann, Synergy of AI and SEO
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The pioneering guidelines issued by an important arbitration commission in China regarding the use of AI in arbitration will test the commission’s ability to reassure all stakeholders that AI-facilitated arbitration can deliver efficient results without compromising accuracy, confidentiality, and fairness. The test is complicated by the potential for this commission to handle disputes arising from special types of “administrative agreements” signed by private parties and governments. The possibility of having governments participate in AI-facilitated arbitration presents difficult problems.Read this article

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China’s administrative litigation system came into effect in 1990 amidst strong demand for more protection of the legal rights and interests of citizens and private enterprises by enabling them to seek courts’ assistance in reviewing the legality of officials’ decisions. According to China’s Supreme People’s Court, this system has experienced challenges but shown progress over the past ten years. However, more information about a key aspect of the system should be disclosed to strengthen the role of Chinese courts and to align with the goals of a new law.Read this article

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China’s greenlight to allow American ownership of TikTok’s U.S. operations helps address concerns that Chinese ownership of this popular platform for short videos could put millions of U.S. users’ personal information at risk. This deal should alert Chinese leaders that other Chinese companies operating overseas could face similar challenges unless the country demonstrates its commitment to the protection of personal information. Two Guiding Cases recently issued by the Supreme People’s Court provide a glimpse of the judicial application of China’s rules on personal information. More importantly, these two de facto binding cases in China are just the beginning, as revealed by the highest court.Read this article

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Slightly more than a month after creating “K” visas for “foreign young scientific and technological talents”, China’s State Council released a new AI plan. The timing is not coincidental. It reflects gradual steps taken by China to mobilize foreign young talents to help advance the development of AI in the country and the Global South, which is of strategic importance to China.Read this article

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China’s revised Mineral Resources Law became effective on July 1, 2025, approximately eight months after the country’s legislature approved the adoption of a new regulatory system that recognizes the geopolitical significance of minerals and avoids irreversible damage to natural ecosystems. These and other regulatory changes will likely bring more domestic and foreign investment to Tibet to help solve a big puzzle: can Tibet better utilize its abundant mineral resources without compromising its natural beauty? If Tibet succeeds, the accomplishment will inspire China’s neighboring nations facing similar challenges and, as many in China hope, will also strengthen international cooperation in this area.Read this article

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The recent celebration of the 120th birthday of the late Chinese leader CHEN Yun, one of the most prominent early members of the Chinese Communist Party (“CCP”), has coincided with the occurrence of two medical scandals that have led to public outcry. The scandals have triggered widespread concerns about unqualified and unethical doctors and a medical system that seems to have allowed unfair practices. Were Chen Yun still alive, how would he handle this situation to restore public confidence?Read this article

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The need to mitigate risks associated with uncertainty in the international market has forced Chinese businesses to increasingly focus on their domestic market to reach 1.4 billion potential consumers. However, protectionist practices by various municipal, county-level, and other regional jurisdictions in China favoring local businesses have presented challenges to non-local businesses. To solve the problem, the Chinese national leadership has stepped up its effort to establish a “unified national market”. A six-month campaign recently launched by national authorities is expected to produce results that will also benefit foreign businesses seeking to overcome market access barriers in China.Read this article

Images: Mohamed Hassan, Handcuffed to a Dollar;
Linnaea Mallette, Spring Flowers Lightbulb Art
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A well-known Chinese business leader recently stated openly that her company does not hire any Chinese graduates or professionals returning from overseas to avoid potential infiltration by spies working for foreign entities. This remark has been widely criticized. While the business leader’s recruitment approach is quite extreme, her underlying concerns about potential loss of trade secrets are noteworthy. A new set of rules issued by Chinese authorities helps address these concerns by elucidating how individuals stealing trade secrets for foreign entities can be subject to severe criminal punishments.Read this article

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China stood out in the World Intellectual Property Organization’s latest report on generative artificial intelligence (“GenAI”) as, compared with other countries, China invented the largest number of GenAI technologies from 2014 to 2023. This momentum of innovation should be welcomed by Chinese leaders but should also prompt them to ponder a key question: how can they help to maintain and grow this momentum and ensure that China’s “new quality productive forces” will continue to drive the country’s long-term development? A case recently decided by the Supreme People’s Court shows that China is developing robust legal solutions to these challenges, among other tools.Read this article

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Chinese President XI Jinping’s mid-February meeting with founders of China’s innovative companies showcases the country’s “new quality productive forces”—a term coined by the president in 2023 to emphasize the role of innovation in driving the country’s long-term development. Despite the apparent collaboration prevailing in the meeting room, behind the scenes there is fierce competition among these and other innovative companies on many fronts, including the use of data, a valuable property in the era of artificial intelligence. China is acutely aware of the need to regulate the use of data, but the challenge is how to do so properly. Incremental steps taken by the judiciary and the executive in China provide a glimpse of the country’s exploratory approach to such regulation.Read this article

Images: Andrea Stöckel, Vintage Art Music Cats;
Karen Arnold, Do Not Copy Stamp (Publicdomainpictures.net)

An appellate court in Beijing just delivered a victory to a Belgian artist in a five-year-long legal battle, upholding an earlier ruling of the Beijing Intellectual Property Court that his paintings have been plagiarized for years by a Chinese artist. A key step towards this victory was the Belgian artist’s success in keeping the case in the Beijing Intellectual Property Court. Artists around the world seeking to protect their copyrights should understand both the positive actions this court took in this case and the confusion that remains as a result of the court’s decision, as well as why they should leverage platforms such as Rednote to avoid ordeals like the one experienced by the Belgian artist.Read this article

Image: George Hodan, Judge Gavel
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The coming into effect of China’s Foreign State Immunity Law at the beginning of 2024 has sparked concerns about how the Chinese judiciary will subject foreign states to the Chinese legal system because the law represents China’s transition from affording foreign states “absolute immunity” in Chinese courts to restricting the immunity to certain types of lawsuits. Amidst these concerns, the Supreme People’s Court just released a Guiding Case to illustrate its new, proactive approach to recognizing and enforcing foreign judgments. This approach not only evokes more optimism about the Chinese judiciary, but also increases the capacity of Chinese courts to help China revive its economy in 2025 and beyond by increasing the confidence of foreign parties in China’s willingness to recognize and enforce foreign judgments.Read this article

Image: Gerd Altmann, One Humanity (Publicdomainpictures.net)

China’s ongoing effort to amend its “mini-criminal law” has drawn praises because the latest draft amendment reflects the authorities’ positive responses to public comments. If key provisions that have aroused widespread concerns can be ultimately improved with clarity, China will be able to gain more support from the United Nations, which just completed its fourth-cycle Universal Periodic Review of China’s human rights record. Strong support from the United Nations—through which China has increased its influence with other member states in the past decade—is crucial to China’s development of its global leadership in an increasingly contentious world.Read this article

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China is seeking public comments on a draft law aimed at promoting the development of the country’s private enterprises. The draft law requires Chinese authorities to timely update a private enterprise’s records publicized on official “credit information platforms” after the enterprise no longer has irregularities undermining its credibility. Having clean records on these platforms is important as private enterprises’ business partners and clients are increasingly relying on these platforms to assess where these enterprises stand. However, these platforms have limitations, which, if not addressed properly, could compromise the development of Chinese private enterprises and, thereby, the country’s private economy.Read this article

Image: Linnaea Mallette, Shipping Port (Publicdomainpictures.net)

The growing importance of global business to China makes it crucial for the country to show its commitment to recognize and enforce foreign arbitral awards. Since 1987, China has been a contracting state of the New York Convention, which requires each contracting state to ensure that its judiciary recognizes and enforces an arbitral award made in another contracting state, unless such recognition or enforcement would be contrary to the contracting state’s “public policy”, among other exceptions. The convention does not interpret the “public policy” exception. How the Chinese judiciary interprets it directly influences foreign parties’ level of confidence in doing business with China. A recent court case in China sheds light on the interpretation of this exception.Read this article

Image: Mikhail Denishchenko, Production Technology (Publicdomainpictures.net)

Coined by President XI Jinping in 2023, the term “new quality productive forces” is of great significance because related reforms, with reference to various types of investment, have been identified by the Chinese leadership. Key talks given in 1992 by the late reformist leader DENG Xiaoping and select court cases recently released by China help illuminate the meaning of the term. Actions taken by the courts in these cases to support the development of “new quality productive forces” allow investors to better assess related opportunities.Read this article

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“Strengthening the regulation of listed companies” and “improving the mechanism for protecting investors” are among the many reform tasks identified in the widely anticipated decision adopted at the third plenary session of the 20th Central Committee of the Communist Party of China on July 18, 2024. While China’s newly amended Accounting Law may help accomplish these goals, a case decided by the Supreme People’s Court suggests that additional measures are required.Read this article

Images: George Hodan, Judge Gavel;
Maliz Ong, Black and White Brick Wall (Publicdomainpictures.net)

In 2018, I co-authored an article titled Propagation of a Case Culture in China and Potentially Beyond.  Based on an analysis of how 96 Guiding Cases, de facto binding cases released by China’s Supreme People’s Court available at the time, had been referenced in 1,281 subsequent cases decided by courts across the country, my co-authors and I drew this conclusion: “the preliminary success of [Guiding Cases] seems to have provided fertile ground for the propagation of a case culture in China and, given the country’s eagerness to increase its presence around the world, this culture may have a chance to be propagated elsewhere.”  Just such an opportunity for China to propagate a culture of applying case-based legal reasoning in the BRICS arose in mid-June.Read this article

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In mid-May, the Lin-Gang Area of the Shanghai Free Trade Zone (“FTZ”) issued trial measures to allow eligible companies in the area—criteria used suggest that Tesla is eligible—to export certain data without going through China’s complicated approval system. Similar measures were adopted by Tianjin’s FTZ in early May, while other FTZs in China are expected to follow suit. These measures can benefit foreign investors in China significantly. Yet, the fundamental goal of their issuance is not a mere increase in domestic foreign investment, but rather the implementation of China’s plan to develop its digital economy globally.Read this article

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The U.S. House Committee on Oversight and Accountability is investigating whether the Public Company Accounting Oversight Board (“PCAOB”) is “empowered to ensure meaningful oversight of auditors of [China]-based firms”. The Committee should welcome a document recently released by China’s State Council that aims at improving the country’s capital markets by strengthening information disclosure, among other measures. Interestingly, the Supreme People’s Court of China has taken steps that, if followed consistently by all courts in the country, can empower this document.Read this article

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A little-known Q&A tool used within China’s court system since 2023 was recently brought to the spotlight. With its promising performance, the tool allows China’s highest court to “free several birds with one key”. The far-reaching impact of the tool also lays a solid foundation for China to develop AI-assisted adjudication.Read this article

Image: Gerd Altmann, Judge Gavel (Publicdomainpictures.net)

China’s enactment of the Foreign State Immunity Law marks the country’s formal transition from affording foreign states “absolute immunity” in Chinese courts to restricting the immunity to certain types of lawsuits. This transition is in line with the approach used in the United States, as codified in the Foreign Sovereign Immunities Act (“FSIA”). However, a comparison between China’s Foreign State Immunity Law and the FSIA and related U.S. jurisprudence——as discussed by Circuit Judge John M. Walker Jr. in an article published by SINOTALKS®——reveals key differences between the two countries’ approaches.Read this article

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China’s reduction of the reserve requirement ratio for all banks beginning from February 5 is expected to help revive the economy by injecting more cash into the banking system. Another measure that is likely to help improve China’s economy but seems to have drawn little attention outside the legal community is the release of a set of revised rules to implement China’s Patent Law. If applied effectively, these revised rules have the potential to strengthen China’s patent protection mechanism, making the country more appealing to foreign investors.Read this article

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To alleviate growing concerns about the future of a key website used by Chinese courts to publish millions of judgments, the Supreme People’s Court took an unusual step recently not only to confirm the continued operation of the website, but also to announce the establishment of two new databases. With the two databases, the Chinese judiciary will be able to formulate data-driven judicial reform measures and increase judicial consistency. While the databases help address deficiencies of the website, it is worth noting that the website—an indispensable platform to safeguard judicial transparency—plays a unique role in enhancing the value of these databases.Read this article

Image: Gerd Altmann, Binary Thinking (Publicdomainpictures.net)

The OpenAI drama made my preplanned talk on AI legal tools delivered last Friday to a delegation of Chinese lawyers visiting Washington D.C. unexpectedly timely. The firing and re-hiring of CEO Sam Altman inspired in-depth discussions of opportunities and concerns related to these tools. In the case of China, the Chinese leadership may come to the conclusion that the opportunities presented by these tools outweigh the concerns and move to take steps that can directly help develop more reliable AI legal tools and indirectly bring about effective legal reforms in the country.Read this article

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In his speech delivered at the recent Belt and Road Forum for International Cooperation, Chinese President XI Jinping emphasized the need to “keep in mind the people’s expectations”. He also announced eight actions that China will take to support the “high-quality” development of the Belt and Road Initiative (“BRI”). What expectations do people in BRI partner countries have for the initiative? Do the eight actions announced by China have the potential to align well with these expectations?Read this article

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How courts in China handle cases involving struggling real estate developers will affect foreign investors’ confidence in the entire Chinese market. The Supreme People’s Court recently highlighted the enforcement of a series of cases involving a real estate developer. These cases provide indications illuminating how courts in China are expected to follow suit to achieve “good political, social, and legal effects”.Read this article

Images: Kai Stachowiak, Background Wallpaper;
icon0 com, China Flag Themes Idea (Publicdomainpictures.net)

Is there any chance for a private enterprise to win a lawsuit against a state-owned enterprise or a government agency in China? In an apparent attempt to boost confidence in the Chinese market, the Supreme People’s Court of China has signaled an affirmative answer to this question by releasing two court cases. Will the positive treatment of private enterprises, as demonstrated in these two cases, become a norm?Read this article

Image: Kai Stachowiak, Business (Publicdomainpictures.net)

The Chinese leadership just released a document to reaffirm the value of private enterprises and to urge the implementation of actions that will help address a wide range of problems facing these enterprises. Will this lead to a new wave of entrepreneurship mirroring the success of earlier waves that gave rise to well-known companies such as Tencent?Read this article

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The global legal services market has been predicted to grow to USD 1,311.63 billion by 2031, with the fastest-growing regions being South America, the Middle East, Africa, and Eastern Europe and it is estimated that their compound annual growth rates will range from 11.1% to 8.9%. What are the implications of these predictions for lawyers and rule-of-law developments in China?Read this article