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COVID-19 Litigation in China One Year On - Diane Peng, Fangda Partners
Manage episode 288883562 series 2841937
A year ago, the Supreme People’s Court issued three guiding opinions providing guidance to lower courts on a range of litigation and disputes issues arising from the COVID-19 pandemic. Diane Peng analyzes how the SPC's guidance has played out in litigation proceedings in practice; PRC courts' approach to foreign-related litigation in particular; and key takeaways from COVID-related cases she has worked on.
For the full episode, click here to listen on Apple Podcasts and here for Spotify. This is the second part of our China Questions series exploring key issues surrounding litigation in China today.
Diane Peng is a Beijing-based counsel at Fangda Partners, specializing in disputes, particularly international and foreign-related commercial arbitration and litigation.
The China Law Podcast is a weekly podcast exploring China’s business and financial sectors from a legal perspective. Get in touch at vchow@alm.com with any feedback and ideas for future episodes.
Episode Outline
- 01:16 Force majeure claims and model cases
- 04:55 Fairness principle applied to school fee dispute
- 07:59 Suspended litigation proceedings pending authenticated document submission
- 09:17 Counterparty challenges of document authenticity
- 11:08 Travel restrictions impact on foreign witnesses/experts
- 13:17 Online litigation platforms and their limitations
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Manage episode 288883562 series 2841937
A year ago, the Supreme People’s Court issued three guiding opinions providing guidance to lower courts on a range of litigation and disputes issues arising from the COVID-19 pandemic. Diane Peng analyzes how the SPC's guidance has played out in litigation proceedings in practice; PRC courts' approach to foreign-related litigation in particular; and key takeaways from COVID-related cases she has worked on.
For the full episode, click here to listen on Apple Podcasts and here for Spotify. This is the second part of our China Questions series exploring key issues surrounding litigation in China today.
Diane Peng is a Beijing-based counsel at Fangda Partners, specializing in disputes, particularly international and foreign-related commercial arbitration and litigation.
The China Law Podcast is a weekly podcast exploring China’s business and financial sectors from a legal perspective. Get in touch at vchow@alm.com with any feedback and ideas for future episodes.
Episode Outline
- 01:16 Force majeure claims and model cases
- 04:55 Fairness principle applied to school fee dispute
- 07:59 Suspended litigation proceedings pending authenticated document submission
- 09:17 Counterparty challenges of document authenticity
- 11:08 Travel restrictions impact on foreign witnesses/experts
- 13:17 Online litigation platforms and their limitations
Related Content
China Question: How to Raise my Chances of Litigation Victory in China? Part I: Litigation Readiness
Podcast #28: Litigation Readiness in China - What Lawyers, Business Need to Know
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