BAC Newsletter Issue 28
BAC News
New Laws


1. JDB Made a Statement Regarding ItsDissatisfactionwith the Award on the ¡°Trademark Right of Wanglaoji¡± and Brought a Lawsuit at the People¡¯s Court to Cancel the Award
JDB Group applied for cancellation of the award on May 17, 2012 at theBeijing First Intermediate People¡¯s Court on the ground that the award has violated the provisions of Article 58 of the Arbitration Law. In accordance with the provisions of Article 64 of the Arbitration Law, if one party applies for cancellation of the award while the other party applies for enforcement of the award, the people¡¯s court shall suspend the enforcement of the award.

2. Background Description of ¡°Interpretations on Issues Concerning the Application of Law in the Trial of Sales Contract Dispute Cases"
Interpretations on Sales Contracts, divided into 8 parts with a total of 46 articles, have defined such issues concerning the application of law as the formation and validity of sales contracts, the delivery of subject matter and the transferof title, risk bearing of damage to or loss of subject matter, inspection of subject matter, liability for breach of contract, reservation of title and sales of special goods.

3. International Legal Services Forum for Commercial Affairs Held in Beijing
The International Legal ServicesForum for CommercialAffairs was held in Beijing on June 12. Mr. Wan Jifei,the Chairman of CCPIT andDirector of CIETAC,Mr. Wang Shengming,the deputy director of Legislative Affairs Commission of the Standing Committee of the National People¡¯s Congress,Mr. Chong Quan,the vice-minister of Ministry of Commerce,Mr. Lu Yunhua, theinspector of the Coordination Department of Legislative Affairs Office of the State Council,Mr. David Olsson,the Chairman of China Australian Trade Association were all present at the opening ceremony of the forum.After the opening ceremony, Mr. Li Chenggang,the director of Treaty and Law Department of Ministry of Commerce, made a speech on topics such asthe current hot issues on economics and trade, the settlement of commercial disputes with arbitration, the enforcement of commercial arbitration and the prevention of legal risks. Mr. Li alsotook part in the question-answer session with the representatives present at the meeting. Almost 230 persons from relevant governmental departments, domestic associations of foreign merchants, embassies stationed in China, law firms and specialists and scholars from relevant colleges and principals of legal department of enterprises participated in the meeting.


1. American Arbitration Association Develops New Mobile App
13 June 2012
The new app, available for free in iTunes and the Android Play Store, provides easy reference to AAA Rules, Codes and Protocols, and AAA contact information. Users can instantly find AAA arbitration and mediation rules for Commercial; Construction, Real Estate & Environmental; Government & Consumer; International; and Labor & Employment. Similarly, AAA due process protocols for an array of critical disciplines are within two taps.

2. Kuala Lumpur to host sports disputes
30 May 2012
The Kuala Lumpur Regional Centre for Arbitration is to serve as an alternative hearing centre for the Swiss-based Court of Arbitration for Sport, thanks to a partnership deal struck this month.

3. SCC: Rules on Emergency Arbitration evaluated
7 June 2012
Numerous arbitration institutes have added emergency arbitration rules to their toolkit in the last few years. The SCC has indeed been the catalyst to this trend. AAA/ICDR, CPR and NAI were first out, but it was not until the SCC introduced such emergency arbitration rules in 2010 that many other institutions followed suit. How the emergency rules work in practice was examined at a recent Swedish Arbitration Association (¡°SAA¡±) seminar in Stockholm.

4. SMEs unaware of the value of their intellectual property assets, ICC event hears
23 May 2012
An ICC side event, held during discussions of the World Intellectual Property Organization Standing Committee on Patents, used case studies from a Turkish university as well as Brazilian and German industry to demonstrate how the patent system works to support research and development, technology transactions and innovation.,-ICC-event-hears/

5. ICC to administer new Internet domain name disputes
13 June 2012
ICC is among four dispute resolution providers invited by the Internet Corporation for Assigned Names and Numbers (ICANN) to administer disputes arising from applications made for new Internet generic Top-Level Domain Names (¡°gTLD¡±), a shift that will see a dramatic increase in the existing number of domain name endings currently available.