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Leihmutterschafts-Skandal: Chinas Schauspielstar Zheng Shuan unter Druck

Leihmutterschafts-Skandal: Chinas Schauspielstar Zheng Shuan unter Druck
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New Blocking Rules Adopted in China May Force Companies To Choose Between US or China Law | Skadden, Arps, Slate, Meagher & Flom LLP

To embed, copy and paste the code into your website or blog: On January 9, 2021, China’s Ministry of Commerce (MOFCOM) issued Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (Blocking Rules), effective immediately. The Blocking Rules (i) establish a means by which Chinese companies damaged by unilaterally imposed trade restrictions from the U.S. (or other countries) may seek redress, and (ii) give China the ability to unilaterally nullify the effects of such restrictions for its citizens. Such nullification will set up a potential future conflict for companies outside the U.S. or China (so called third-jurisdiction companies or citizens), which may find themselves in the unenviable position of having to choose between following U.S. or Chinese law where the two directly conflict.

China s Ministry of Commerce Issues New Rules

3.   Potential impact on the legitimate rights and interests of the citizens, legal persons, or other organizations of China; and 4. Other, unspecified factors. Where a determination has been made that foreign legislation or other measure is “unjustified,” MOFCOM may issue a prohibition order to prevent a Chinese Person from accepting, executing, or complying with the foreign legislation or measure. The Rules provide that a Chinese Person may seek an exemption from complying with a prohibition order by submitting a written application stating reasons in support of the exemption and the scope of the exemption requested. Penalties and enablement of third-party cause of action

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