CHINA Law and Practice Contributed by: Chuanhong Long, Ji Liu and Xiao Jin, CCPIT Patent and Trademark Law Office
Enforcement of Foreign Arbitration China joined the New York Convention in 2018 and is subject to the reciprocity and the com- mercial reservation declaration made when it acceded to the Convention. China applies the Convention only to disputes arising from con- tractual and non-contractual commercial legal relationships under Chinese law. According to the Convention, the grounds to refuse enforcement of foreign-related arbitral awards include: • There is no valid arbitration agreement between the parties. • The composition of the arbitral tribunal or arbitration procedure is improper. • The subject matter of the dispute is not contemplated by the terms of the arbitration agreement or is not arbitrable in China. • The award is not binding or has been revoked or suspended. • Recognition or enforcement of the award is in conflict with the public policy of China. 14. Outlook 14.1 Proposals for Dispute Resolution Reform China has been exploring online dispute resolu- tion since 2017. Currently, many litigation activi- ties before Chinese courts can be conducted in an online manner. Due to the country’s vast size, online litigation undoubtedly provides great convenience, particularly for parties who would otherwise have to travel extensive distances to participate in legal proceedings. In addition, Chinese courts are also actively exploring the use of AI technology in trials. For example, transcripts of court hearings are auto-
matically made by voice recognition technol- ogy in most courts, which greatly reduces the workload of court clerks. In addition, in terms of evidence, Chinese courts have gradually rec- ognised evidence collected through blockchain, time stamps and other technologies, which has also greatly reduced the complexity and cost of collecting evidence for litigants. Finally, China continues to encourage the parties to settle disputes through mediation. People’s mediation committees, established in villages, residential areas, or factory settings, are stra- tegically placed at the core of community life, ensuring a deep understanding of local disputes. China now continues to provide about four mil- lion people’s mediators with professional train- ing and legal support. Professional mediation training programmes, court-annexed mediation, legislative reform, and online dispute resolution methods are all key developments helping to facilitate dispute resolution in China. 14.2 Growth Areas In the past year, due to the legal dispute between Samsung and BOE in the OLED field, it can be observed that there has been a significant increase in patent disputes in the consumer electronics field, more specifically in the display field of electronic devices. Both parties have sued and accused the other side of infringing intellectual property rights in multiple jurisdic- tions. Furthermore, SEP remains a hot topic in China. The licensor in the field of communica- tion has tried to extend its licensing areas to the electric vehicle industry. In addition, traditional mobile phone manufacturers and SEP holders have also filed lawsuits in China, attempting to take the initiative in licensing fees, which has also caught the attention of the Chinese govern- ment and courts.
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