本所代理荷兰某保险公司代位求偿案成功结案
3月底,本所代理的荷兰某保险公司诉国内某码头经营人港口作业纠纷顺利结案。该案由青岛海事法院管辖,案件的关键要点在于:1.保险代位权的确认;2. 码头经营人的法律地位,是独立合同缔约人,还是承运人的代理人,雇用人?是否享受承运人责任限制和时效抗辩?3. 货物损失的认定。
经过数次开庭,本所律师完成了相关举证,并在法院主持下与被告达成调解。
China Supreme Court updated its rule on Judicial Review on arbitration case
China Supreme Court updated its rule on Judicial Review on arbitration case The rule was approved on Nov 20, 2017 firstly and revised on Nov 15, 2021. The updated rule will come into effectiveness on Jan 1, 2022.1.The types of cases for judicial review on arbitration includes the follow
How to apply for Non-criminal Certificate by the foreigners who ever lived in China ?
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Q: Where is the registration authority for computer software copyright registration in China?
Which court to find in Shanghai about intellectual property dispute?
Recently, Melink Law Firm received a client commission, acting for a computer software copyright dispute case. For this case, which court is in charge is the first problem to be solved. Due to the complexity of the jurisdictional links between various disputes relating to intellectual property rights, the intersection of entity and procedural issues, and the fragmented provisions on the jurisdiction of intellectual property dispute cases in various regions, especially foreign-related cases. Therefore, understanding the jurisdiction of such cases is the primary task to undertake such cases. If the court is incorrectly positioned, the plaintiff may be challenged by the defendant, and the duration of the entire case will be extended, the damage will continue to expand. As a defendant, if the court is not found to have no jurisdiction in a timely manner, the right to challenge will be lost once entry into the proceedings.