China Law Update : China Business Law Lawyers & Attorneys : Sheppard Mullin Law Firm : Direct Investment, Dispute Resolution, Intellectual Property, Antitrust, Venture Capital

On December 15, 2008, the Appellate Body of WTO released the final report concerning the issue of automobile accessories between China as a party and Canada, European Union and the U.S.A as another party. This report contained the decision on the same issue by the Expert Panel of WTO on July 2008, and brought in the verdict that China’s policy related to this case violated the “National Treatment Principle” of WTO Rules. This is the first time China lost a case after joining this worldwide organization.

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The world is facing a financial crisis, as large numbers of small and medium enterprises (SMEs) throughout Southeast Asia face bankruptcy.  More than 20% of SMEs in Vietnam are on the edge of bankruptcy, while SMEs in Korea are going bankrupt because of increasing difficulties in obtaining loans from banks that are haunted by unrecoverable bad debts (especially the SMEs located in China that were invested by Korean enterprises).  China has seen about 67,000 SMEs collapse in the first half of this year.  The past 5-10 years, a total of 1.4 million SMEs have gone bankrupt.   

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The following is a detailed outline of China's policies and actions for addressing climate change:

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The Information Office of the State Council of the People's Republic of China promulgated the White Book of “China's Policies and Actions for Addressing Climate Change” on October 29, 2008 in Beijing. This White Book explains the impact of climate change on China and introduces China’s policies and actions addressing climate change, as well as the relevant mechanism establishment.

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Since 2008, China has taken into effect three new Labor laws: Labor Dispute's Mediation and Arbitration Law, Employment Agreement Law, and Implementation Regulations on the Employment Agreement Law.  These new labor laws are measures taken by the government to assist in China's transition of economy and society.  The new laws will strengthen the protection of employee's legal rights and balance the relationship between the employer and the employee. They will severely punish the employer who violates any labor regulations, like the lack of written employment agreements, violation of the prevailing wage standard, postponed or reduced wage payments, or wrongful employment termination.  In particular, foreign investors in China should pay close attention to these changes.

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