Arbitrating Chinese Disputes Abroad: A Changing Tide?

9月9日、最高人民法院は、模倣による混同、営業秘密の侵害、信用毀損、虚偽・誇大な宣伝、インターネット上の不正競争行為の認定や、反不正競争法の一般条項の適用などに関する重要な法律問題を扱った典型事例9件を公表した。

At a business jury trial, the most dangerous witness may be someone who never attended a meeting or negotiated a contract. They arrive years later, open a laptop, and explain your own company to the jury. That person is the other side's forensic accountant.

As Chinese enterprises accelerate their global expansion, international arbitration has become a critical mechanism for resolving cross-border disputes.

The Guangzhou Intellectual Property Court held a symposium on August 20 to review its mediation achievements over the past year, analyzing challenges in IP dispute resolution and exploring future priorities. The court successfully mediated over 3,000 cases through pre-litigation processes and effectively managed mass litigation involving thousands of related cases...

On 9 July 2026, the International Centre for Settlement of Investment Disputes (ICSID) updated its list of Contracting States and Measures Taken by Them for the Purpose of the Convention...

China has designated a specific domestic court for applications to recognise and enforce International Centre for Settlement of Investment Disputes (ICSID) awards for the first time since ratifying the ICSID...

最高人民检察院发布知识产权恶意诉讼惩治典型案例，重点关注一起外观设计专利权纠纷案件。案件中，专利权人在明知专利已被宣告无效的情况

《建工解释二》实施后,实际施工人如何通过代位权诉讼向发包人主张工程款?本文以(2026)粤06民终6324案为例,深度剖析代位权诉讼的三大核心难点:如何证明

China's revised Arbitration Law of 2025 introduces groundbreaking reforms that enhance internationalization, standardize industry practices, and elevate arbitration to equal status with litigation. This comprehensive analysis examines the law's key innovations—including the adoption of seat-based jurisdiction, formal recognition of ad hoc arbitration, and expanded technological integration—while identifying potential regulatory gaps that may impact cross-border dispute resolution.

The 2026 US-Iran conflict has disrupted the Strait of Hormuz, triggering shipping delays, cost increases, and war risk premium surges that directly impact construction project performance.

Recent trade secret case law reveals critical standards for proving misappropriation, from the Ninth Circuit's reversal of a $57 million judgment over incorrect jury instructions on the "not readily ascertainable" element, to the Eighth Circuit's requirements for adequate trade secret identification. Courts continue to refine extraterritorial application of the DTSA and standards for demonstrating actual use of allegedly misappropriated information.

The USPTO has released its latest economic impact report on IP-intensive industries, announced a new community engagement office in North Carolina, and issued several administrative updates including relief for Japanese applicants affected by a severe earthquake. The Patent Trial and Appeal Board has also designated new precedential and informative decisions addressing obviousness-type double patenting and Markush groupings.

The Treasury Department and IRS have proposed a regulation that would revoke federal tax-exempt status for private educational institutions with policies or practices deemed to discriminate on the basis of race, including diversity-related programs. The rule eliminates previous safe harbors and raises significant questions about the scope of prohibited activities, potentially affecting scholarships, fellowships, and pipeline programs at schools nationwide.

As investment in data center infrastructure accelerates globally, disputes are emerging from contractual and investment-related risks that commonly accompany large-scale infrastructure projects. This analysis examines the growing wave of contractual claims among owners, contractors, and subcontractors, as well as investment treaty claims that may arise when governmental actions impact overseas data center developments.

A Council on Foreign Relations study group, including WilmerHale Senior Counsel Stephen Preston, has released a comprehensive report examining the critical state of America's defense industrial...

The SEC and FDA have formalized an information-sharing agreement that fundamentally changes how life sciences companies must approach their public disclosures about FDA interactions. This memorandum of understanding creates a direct pathway for the SEC to access previously confidential FDA records, including meeting minutes and Complete Response Letters, to verify the accuracy of companies' public statements.

When an internal investigation surfaces just before a filing deadline, how a company engages its external auditor in those critical first days can determine whether it meets regulatory requirements.

Washington Attorney General Nick Brown released the state's first Data Privacy Report, examining how the modern data economy incentivizes personal information collection and retention. The report catalogs resulting harms and recommends that lawmakers strengthen privacy protections, enforcement, and public education while highlighting Washington's continued lack of a comprehensive consumer privacy statute despite inspiring other states' privacy laws.

Governor Abbott's recent directive has introduced significant delays and new verification requirements for large data center projects in Texas, creating unprecedented political and regulatory uncertainty. The directive pauses approvals for facilities over 75 megawatts while ERCOT conducts eligibility verification, potentially delaying projects by several months and signaling a dramatic shift in how Texas approaches data center development and grid reliability.

The Securities and Exchange Commission has proposed Regulation Crypto Assets, establishing a comprehensive regulatory framework for investment contracts involving crypto assets. This landmark proposal introduces two new exemptions from Securities Act registration requirements—a Startup Exemption for offerings up to $5 million over four years and a Fundraising Exemption for offerings up to $75 million annually—while also providing a conditional safe harbor from the investment contract definition