How does China’s Court Determine the Validity of Arbitration Clauses in Monopoly Dispute?

Pursuant to the Anti-Monopoly Law, the Civil Procedure Law and the Arbitration Law, there is no limitation of applying arbitration clause as a settlement to monopoly disputes in China. The Arbitration is well acknowledged for its confidentiality, flexible legal or commercial basis of arbitrating and its finality of one award, which are perfectly adapted to the requirements of confidentiality, efficiency and reliance on customs in business operation. Therefore, the practice of arbitration clause can bring about significant values and meanings to commercial subjects, and furthermore help indicate various risks and opportunities of different timing in relevant market. In this essay, we will introduce relevant cases and investigate whether the judicial opinions on arbitration clauses applied in monopoly disputes are appropriate.


China’s Most Recent Revision of Regulations Concerning Computers and Intellectual Property Rights


(By Albert Chen) In January 2013, China’s State Council revised several administrative regulations regarding computers and intellectual property rights, specifically the Computer Software Protection Regulations, the Regulation on Protection of the Right to Network Dissemination of Information, the Implementing Regulations of the Copyright Law, and the Regulation on the Protection of New Varieties of Plants. These revisions mainly focus on the punishments for violation of regulations, and they came into effect on March 1, 2013.