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July. 2006 |
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On
June 5, 2006, Mr. R. Brad Oates, the
chairman of NFC Global, LLC visited |
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Steele
is going to hold <the Pre-employment Risk Control Salon> with the
topic of ‘’ Booking a cup of fragrant coffee and sharing valuable
experience”. The main contents of the Salon include pre-employment
risk analysis and tasting pure coffee, which will be held in |
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The
Annual Conference of CII will be held in |
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China
CBN reports: In allusion to Nation Grant-in-aid Loan and new designed
Sinosafe Union Study Loan, Sinosafe Insurance recommended Study Loan
Insurance on June 16, 2006, by through that for transferring the risk in
reason by insurance form, which can assist undergraduates completing
their study successfully. |
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China
Intellectual Property Net reports: In recent, the Ministry of
Information Industry allocated the commonweal service phone ‘ |
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On
June 21, 2006, the legal service center for patients’ lawful rights
has set up in |
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The Xinhua News Agency reports: Human Resources National Talent Exchange Center issued a bulletin, in which without authorization, any organization cannot conduct those activities such as recruiting students, providing trainings and qualification attestation by using the name of ‘’Human Resources National Talent Exchange Center “, “Talent Evaluation Office of Human Resources National Talent Exchange Center”, “Management Talent Center of National Enterprises”, or “Professional Talent Center of China Talent Net”. Once be found, the illegal conducts will be exposed in China Talent Net and other medias. |
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Pain Just Starting As American Class Action
Reporter of Legal Daily: Zhou Fenmian |
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By
Stat., there are over 40 Chinese enterprises list in In
recent period, the class actions in America didn’t closed, including
the anti-fraud case happened in New York Branch, Bank of China, and the
class action against China Life, China.com, Netease and China Aviation
Oil Holding Company, as well as the biggest wireless value added service
provider, Kongzhont.com is facing the class action in America. According
to incomplete statistics, there were almost 51 disputed cases involved
in The
senior partner, Zhou Xier of New York Branch of Lovells International
Law Firm says: “In my opinion with several years’ observation, some
Chinese enterprises do not understand American Law.” He says: ”For
foreign companies, another constantly exacerbation of risk is the
position in jurisdiction aspect by American courts, which is equivalent
to own the worldwide jurisdiction. For instance, American courts own the
jurisdiction on multinational companies which running in But,
a foreign company can adopt proper measures to reduce litigation risk,
which also shall equally apply to Chinese companies. Some specialists
thought that it is possible to detract litigation cost by taking our an
insurance policy, as well as to learn disclosure of evidence system of
America, which means that you should hold all electronic letters as the
evidence for future use. The
lesson of n American corporation can be used for annotation. In 2003,
Morgan Stanley was got into court, and the court indeed required
relevant documents, especially requesting to provide electronic
documents, however Morgan Stanley provided a small part and explained it
would take several months to prepare the whole electronic documents,
finally Morgan Stanley received a heavy sentence by compensating
compensation in the amount of USD6 billion to the plaintiff.
Furthermore, the court ruled that Morgan Stanley to pay USD8.6billion of
the punitive compensation. Meanwhile,
a lot of specialists thought that “Pay more attention to use the terms
of arbitration, when sign a contract to state the terms of arbitration,
which is for avoiding the litigation system of Shen
Sibao, the tutor of a Ph.D., professor of The Law School, University of
International Business & Economics says that Chinese enterprises
should learn using arbitration. Arbitration as the effective approach in
solving international disputes should be paid more attention to,
unfortunately the knowledge on arbitration is disunity, so does not have
enough knowledge on the essence and character of arbitration, as well as
the current arbitration system requiring reformation, Arbitration Law
has to be revised.
He also considers that business
arbitration belongs to non-government character, and the arbitration
power of arbitrators comes from the authorization of parties, not
exertion jurisdiction or administrative right. The essence of
arbitration is to provide special services. Business arbitration in Thereby,
it is in dire need of to reform our current arbitration system, and
train a group of excellent arbitrators to assist Chinese enterprises
response to suits in abroad. |
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