Chapter III Marriage and FamilyArticle 21 The conditions for entering into marriage shall be governed by the law of the parties' jurisdiction of habitual residence, or the law of their country of nationality if their habitual residences are not located in the same jurisdiction, or the law of the jurisdiction where t…
Chapter IV SuccessionArticle 31 Intestate succession shall be governed by the law of the jurisdiction where the decedent's habitual residence was located at the time of his death; provided, however, that intestate succession of immovable property shall be governed by the law of the jurisdiction where the immovable p…
Chapter V Property RightsArticle 36 The property rights of an immovable property shall be governed by the law of the jurisdiction where the immovable property is located.Article 37 The parties may agree to choose the law to govern their property rights in a movable property. In the absence of a choice, their property ri…
Chapter VI ClaimsArticle 41 The parties may agree to choose the law to govern their contract. In the absence of a choice, their contract shall be governed by the law of the jurisdiction where the habitual residence of the party whose performance of his obligations under the contract best reflects the characteristics of …
Chapter VII Intellectual Property RightsArticle 48 The ownership and content of intellectual property rights shall be governed by the law of the jurisdiction where the protection is sought.Article 49 The parties may agree to choose the law to govern their transfer and licensing of intellectual property rights. In the ab…
Chapter VIII Supplementary ProvisionsArticle 51 Where the provisions of Article 146 or 147 of the General Principles of the Civil Law of PRC or Article 36 of the Succession Law of PRC conflicts with the provisions of this Law, the provisions of this Law shall apply.Article 52 This Law shall come into force on April 1, 2…
Equal Legal Status as a Condition for Arbitration In addition to the limitations on the types of disputes, i.e., disputes arising out of or relating to contracts or over property rights or interests, equal legal status is also a condition for arbitration. In accordance with The Arbitration Law of the People’s Republi…
Arbitration awards often take effect on the day they are made rather than waiting for delivery. In the instance of an agent seeking recognition and enforcement of an arbitration award, if the losing party fails to meet the duties outlined in the award, the victorious party must normally seek enforcement from the court. …