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China courts concluded 295,000 foreign-related civil, commercial and foreign-related maritime cases

01-18-2023 08:37 AM CET | Business, Economy, Finances, Banking & Insurance

Press release from: PANDACU Law Firm

China courts concluded 295,000 foreign-related civil,

Wang Shumei, the President of the Fourth Civil Trial Division of the Supreme People's Court of China, reported at a press conference on the 27th that from January 2013 to June 2022, China's courts at all levels concluded 295000 foreign-related civil, commercial and maritime cases in the first instance.

At the meeting, when introducing the main achievements of foreign-related commercial maritime trials in the new era, Wang Shumei talked about "the judicial protection of foreign investment rights and interests has entered a new stage" and "the construction of the international maritime judicial center has achieved new development". In particular, she mentioned that since 2013, the Supreme People's Court has formulated 31 judicial interpretations, 9 normative documents, issued 12 guiding cases and 137 typical cases for foreign-related commercial maritime trials, made clear provisions on 111 difficult issues in foreign-related trials, and promoted the construction of the legal application rules system for foreign-related commercial maritime cases to achieve remarkable results.

"The difficulty of foreign service and the difficulty of ascertaining foreign laws have always been the difficult issues that have troubled the foreign-related trials." Wang Shumei said to this effect that the courts in many places have formulated guidelines for the service of foreign-related civil and commercial cases, and explored the mechanisms of electronic service, party delivery and entrusted lawyers, notaries and overseas Chinese groups, without violating the laws of the host country, to effectively improve the quality and efficiency of foreign-related service. The Supreme People's Court also issued regulations on providing filing services for cross-border litigants, opening online filing, entrusted witness, inquiry and other services for cross-border litigants.

Shen Hongyu, Vice President of the Fourth Civil Trial Division of the Supreme People's Court of China, mentioned another set of data at the meeting: from January 2013 to June 2022, the national courts concluded 7313 cases of application for recognition and enforcement of civil and commercial judgments of foreign courts. She also said that up to now, China has concluded bilateral judicial assistance treaties with 39 countries, including Italy, Brazil, Russia, Belarus, Uzbekistan and Kazakhstan, of which 35 contain the recognition and enforcement of civil and commercial judgments, which has greatly promoted the mutual recognition and enforcement of judgments between China and the contracting countries.

Shen Hongyu said that the Supreme People's Court would further promote international judicial cooperation in the recognition and enforcement of civil and commercial judgments and facilitate the settlement of cross-border civil and commercial disputes. She also said that she would further promote the substantive operation of the International Commercial Court, improve the "one-stop" diversified settlement mechanism for international commercial disputes, increase the release of typical cases of the "the Belt and Road", and build the "the Belt and Road" legal database.

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