China Adopts Restrictive Theory of Foreign State Immunity
Conflict of Laws
SEPTEMBER 14, 2023
To determine whether an act is commercial, “a PRC court shall undertake an overall consideration of the act’s nature and purpose.” Convention, the FSIL deals separately with employment contracts (Article 8) and intellectual property cases (Article 11). It is unclear if Chinese courts applying the FSIL will reach the same conclusion.
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