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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”.
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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?
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U.S. President Joe Biden’s recent meeting with Chinese President XI Jinping has eased the growing tension between the two countries, giving rise to hope that the difficult Taiwan issue will be unlikely to trigger conflict in the near future. This development is in line with the mainstream stance taken by people in Taiwan. The majority of respondents to surveys conducted from 1994 to 2022 have expressed their wish to see Taiwan (a) maintain the status quo and then decide the future at a later date; or (b) maintain the status quo indefinitely. What does this signal to leaders in Beijing? What can be done in the interim?
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China released 15 Typical Cases collectively identified as the Typical Cases of Environmental Resource Adjudication of People’s Courts in 2021. You’re welcome to share/read insights that are not apparent from the simple reading of these Typical Cases.
China’s release of a Typical Case showcasing how courts in Shanghai recognized and enforced a foreign arbitral award by a special reading of the factual situation involved may help instill more confidence in foreign parties amid China’s efforts to revive its economy. How was this breakthrough ruling made? What are the implications of the ruling?
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In early 2022 (a special year that marks the 30th anniversary of the establishment of China–South Korea diplomatic relations), China released a Typical Case to highlight the country’s recognition and enforcement of a South Korean judgment. Why now? What messages does this send to courts inside and outside China?
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Apart from China’s Guiding Cases, legal practitioners, business executives, and other stakeholders must not forget about Typical Cases, another category of representative cases that the Supreme People’s Court of China can release to guide Chinese courts’ adjudication. What are Typical Cases? Why are they significant?