最高法发布第五批涉“一带一路”建设典型案例

Core Viewpoint - The Supreme People's Court of China has issued opinions to promote the high-quality development of international commercial courts, focusing on supporting the Belt and Road Initiative and high-level opening-up, with five areas and fifteen specific opinions outlined [1] Group 1: Case Summaries - Case 1 involves a performance standby letter of credit issued by Jiangsu Bank for China Electric Power Engineering Co., Ltd. to fulfill a contract in the Philippines, amounting to approximately $23 million. The case clarifies the legal applicability of standby letters of credit and independent guarantees, establishing that the payment obligation under the counter-guarantee does not extinguish due to the payment arrangement of the standby letter [2][4][5] - Case 2 addresses a dispute involving Beijing Xiaocheng Technology Co., Ltd. and Jiangsu Zhonghuan Enterprise Management Co., Ltd. over the quality of solar modules supplied for a power station in Ghana. The court utilized a cross-border judicial appraisal method to determine the quality issues, leading to a compensation ruling of approximately 1,093,585.47 yuan [6][7][9] - Case 3 pertains to Jinmai International Co., Ltd. seeking to enforce a civil judgment from the Singapore High Court against Chinese nationals for a debt of $6.65 million. The Jiangsu Province court recognized and enforced the Singapore judgment based on mutual recognition agreements between the two countries [10][11][13] Group 2: Significance of Cases - The first case sets a precedent for the legal treatment of standby letters of credit in China, promoting the use of financial guarantee tools in international engineering contracts, which is crucial for stabilizing market expectations and order [5] - The second case demonstrates innovative judicial practices in handling cross-border disputes, enhancing the confidence of Chinese enterprises in international investments and collaborations under the Belt and Road Initiative [9] - The third case illustrates the effective cooperation between Chinese and Singaporean courts in recognizing and enforcing civil judgments, reinforcing the legal framework for international commercial disputes [13]