Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

Top Chinese court lays down rules to protect foreign investors

Top Chinese court lays down rules to protect foreign investors

The rights of foreign investors in China will be better protected with the release of a new judicial document on Friday. It instructs courts across the country to support investment contracts that do not involve the negative list contained in China's Foreign Investment Law.
In contract-related lawsuits, unless the investment sector is explicitly prohibited, courts will support foreign investors even if the other side argues that the contract wasn't approved or registered, a judicial interpretation issued by the Supreme People's Court said.

If China adjusts the negative list before a verdict is determined and allows foreign investment in a specific sector, investment contracts in that sector should also be deemed valid, the new rule said.

The judicial interpretation of the Foreign Investment Law will take effect on Jan 1, concurrent with the law. While the law was adopted by the country's top legislature in March, many argued that it was too general to be carried out in practice.

The top court said its new rule will guide the proper implementation of the Foreign Investment Law nationwide, and offers equal protection for domestic and foreign investors.

"We'll adopt a more open and inclusive attitude when dealing with such lawsuits to protect the rights of foreign investors and offer a sound legal environment for the country's further reform and opening-up," said Gao Xiaoli, deputy head of the No 4 Civil Division of the Supreme People's Court.

She said the new interpretation could been seen as "a crucial move to help the country attract more foreign investment".

The rule applies to all contracts arising from direct or indirect investment by foreign individuals, enterprises or other organizations in China, including contracts on the establishment of foreign-invested companies, new projects or the transfer of shares, property or stock rights.

However, courts will not support a contract if the investment area is on China's negative list. If it's a restricted sector, judges will have to review the detailed circumstances, the interpretation said.

"In short, we'll treat investors equally under the law, no matter where they come from," Gao said.

She said the interpretation focuses on contract validity "because about 70 percent of foreign investment disputes relate to contracts".

Luo Dongchuan, vice-president of the top court, said contracts are essential for investors and are "a primary step in international trade".

The interpretation is a signal that Chinese courts will support foreign investment contracts to the full extent the law allows, he said.

Wei Jianguo, vice-chairman of the China Center for International Economic Exchanges, said the upcoming implementation of the Foreign Investment Law is a notable step for China.

"Most foreign investment entering China will no longer need approval from local authorities," Wei said. "These new judicial rules can help fight monopolies and other forms of unfair competition in the domestic market."

Rachel Duan, president and CEO of GE Global Growth Markets, said, "We believe that an integrated Foreign Investment Law is a significant improvement and a key step forward for China as it moves toward further openness in legislation.

"In recent years, we have been pleased to see that the Chinese government has given consideration to the development needs of different market entities in China. By constantly deepening reform in free trade zones, establishing and improving the negative list, reforming and streamlining regulations on foreign investment and adopting a service-provider level of awareness, the government has given strong support to foreign companies."
AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
16 Billion Login Credentials Leaked in Unprecedented Cybersecurity Breach
Senate hearing on who was 'really running' Biden White House kicks off
Hungary Ranked Among the World’s Safest Travel Destinations for 2025
G7 Leaders Fail to Reach Consensus on Key Global Issues
FBI and Senate Investigate Allegations of Chinese Plot to Influence the 2020 Election in Biden’s Favor Using Fake U.S. Driver’s Licenses
Trump Demands Iran's Unconditional Surrender Amid Escalating Conflict
Shock Within Iran’s Leadership: Khamenei’s Failed Plan to Launch 1,000 Missiles Against Israel
Wreck of $17 Billion San José Galleon Identified Off Colombia After 300 Years
Man Convicted of Fraud After Booking Over 120 Free Flights Posing as Flight Attendant
Iran Launches Extensive Missile Attack on Israel Following Israeli Strikes on Nuclear Sites
Beata Thunberg Rebrands as Beata Ernman Amidst Sister's Activism Controversy
Hungarian Parliament Approves Citizenship Suspension Law
Prime Minister Orbán Criticizes EU's Ukraine Accession Plans
Hungarian Delicacies Introduced to Japanese Market
Hungary's Industrial Output Rises Amid Battery Sector Slump
President Sulyok Celebrates 15 Years of Hungarian Unity Efforts
Hungary's Szeleczki Shines at World Judo Championships
Visegrád Construction Trends Diverge as Hungary Lags
Hungary Hosts National Quantum Technology Workshop
Hungarian Animation Featured at Annecy Festival
Israel Issues Ultimatum to Iran Over Potential Retaliation and Nuclear Facilities
UK and EU Reach New Economic Agreement
Coinbase CEO Warns Bitcoin Could Supplant US Dollar Amid Mounting National Debt
Trump to Iran: Make a Deal — Sign or Die
Operation "Like a Lion": Israel Strikes Iran in Unprecedented Offensive
Israel Launches 'Operation Rising Lion' Targeting Iranian Nuclear and Military Sites
UK and EU Reach Agreement on Gibraltar's Schengen Integration
Israeli Finance Minister Imposes Banking Penalties on Palestinians
U.S. Inflation Rises to 2.4% in May Amid Trade Tensions
Trump's Policies Prompt Decline in Chinese Student Enrollment in U.S.
Global Oceans Near Record Temperatures as CO₂ Levels Climb
Trump Announces U.S.-China Trade Deal Covering Rare Earths
Smuggled U.S. Fuel Funds Mexican Cartels Amid Crackdown
Austrian School Shooting Leaves Nine Dead in Graz
Bezos's Lavish Venice Wedding Sparks Local Protests
Europe Prepares for Historic Lunar Rover Landing
Italian Parents Seek Therapy Amid Lengthy School Holidays
British Fishing Vessel Seized by France Fined €30,000
Dutch Government Collapses Amid Migration Policy Dispute
UK Commits to 3.5% GDP Defence Spending Under NATO Pressure
Germany Moves to Expedite Migrant Deportations
US Urges UK to Raise Defence Spending to 5% of GDP
Israeli Forces Intercept Gaza-Bound Aid Vessel Carrying Greta Thunberg
IMF Warns of Severe Global Trade War Impacts on Emerging Markets
Low Turnout Jeopardizes Italy's Citizenship Reform Referendum
Transatlantic Interest Rate Divergence Widens as Trump Pressures Powell
EU Lawmaker Calls for Broader Exemptions in Supply Chain Legislation
France's Defense Spending Plans Threatened by High National Debt
European Small-Cap Stocks Outperform U.S. Rivals Amid Growth Revival
Switzerland Proposes $26 Billion Capital Increase for UBS
×