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最高法发布首份聚焦国际商事法庭高质量发展的司法规范性文件
Xin Jing Bao· 2025-09-25 09:34
Core Viewpoint - The Supreme People's Court of China has released a document aimed at promoting the high-quality development of international commercial courts to support high-level opening-up [1][2] Group 1: Key Innovations and Mechanisms - The document outlines specific innovative measures across six areas: optimizing jurisdiction mechanisms for foreign-related commercial cases, improving case management, enhancing litigation facilitation, refining the application of international treaties and practices, establishing mechanisms for ascertaining foreign laws, and innovating court operation mechanisms [1] - It emphasizes the establishment of a judicial confirmation mechanism for international commercial mediation agreements and encourages cooperation with international organizations such as international mediation institutions and organizations for the prevention and resolution of international commercial disputes [1][2] Group 2: Talent Development and Court Establishment - The document highlights the importance of foreign-related legal talent in judicial work and proposes mechanisms for selecting and training judges and staff in international commercial courts to maintain a stable judicial team [2] - Since the establishment of the first two international commercial courts in Shenzhen and Xi'an in June 2018, a total of 16 intermediate people's courts have set up international commercial courts, reflecting the growing infrastructure for handling international commercial disputes [2] Group 3: Case Statistics - As of September 20, 2023, the first and second international commercial courts have accepted 44 international commercial cases and concluded 37, involving parties from 21 countries and regions with a total amount in dispute of 12.8 billion RMB [2] - Local courts have handled a total of 16,687 cases related to foreign-related civil and commercial matters and arbitration judicial reviews since their establishment, with 15,014 cases concluded by the end of August 2023 [2]
最高法:搭建区域性国际商事多元解纷平台
Xin Hua Wang· 2025-09-25 07:54
Core Viewpoint - The Supreme People's Court of China has released opinions aimed at promoting the high-quality development of international commercial courts to enhance the country's international influence in commercial dispute resolution [1][2] Group 1: Innovations in Judicial Mechanisms - The opinions propose specific innovative measures in six areas: optimizing jurisdiction mechanisms, improving case management mechanisms, enhancing litigation convenience mechanisms, accurately applying international treaties and practices, refining foreign law verification mechanisms, and innovating court operation mechanisms [1] - These measures aim to address challenges and pain points that hinder the improvement of international commercial trial quality and efficiency [1] Group 2: Multi-faceted Dispute Resolution - The opinions emphasize the importance of integrating litigation with mediation and arbitration, proposing to establish a regional international commercial multi-faceted dispute resolution platform [1] - It highlights the need to enhance the judicial confirmation mechanism for international commercial mediation agreements and strengthen cooperation with international mediation institutions and organizations [1] Group 3: Talent Development and Collaboration - The opinions outline specific arrangements for the selection and collaborative training of legal professionals, aiming to enhance judges' capabilities in applying domestic and international laws and participating in the formulation of international rules [2] - There is a focus on deepening cooperation between international commercial courts and higher education institutions to strengthen research in international law theory and judicial practice [2] Group 4: Guidance on Belt and Road Cases - The Supreme People's Court has also released a fifth batch of typical cases related to the "Belt and Road" initiative, covering areas such as construction contracts and the recognition and enforcement of foreign court judgments [2] - These cases serve as a model for lower courts to ensure fair and efficient handling of cases related to the "Belt and Road" initiative [2]
全省涉外法治人才培养工作座谈会召开
Shan Xi Ri Bao· 2025-08-23 00:11
Core Points - The meeting emphasized the need for the province to accelerate the training of foreign-related legal talents to support the construction of a higher level of rule of law in Shaanxi [1] - The focus is on high-level opening up and the demand for foreign-related legal work talents, leveraging university resources and platforms for collaborative training [1] - The meeting called for innovative training methods, including an "order-based" training model to meet the specific needs of the foreign-related legal field [1] - There is a push to enhance the construction of foreign-related legal teams and legal service teams through professional training and practical exercises [1] Summary by Categories Training and Development - The meeting highlighted the importance of cultivating high-quality, specialized foreign-related legal talent to provide strong support for the rule of law in the province [1] - It was noted that universities should play a significant role in the training process, utilizing platforms like the foreign-related legal talent collaborative training innovation base [1] Innovative Approaches - The meeting proposed the development of innovative training methods, particularly the "order-based" training model, to better align with the needs of the foreign-related legal sector [1] - Emphasis was placed on improving the quality of foreign-related legal talent training [1] Collaboration and Mechanisms - A call was made to establish a collaborative mechanism for foreign-related legal talent training, fostering an environment of resource sharing and joint development [1] - The meeting stressed the need to strengthen the foreign-related legal cadre and legal service teams through enhanced training and practical experience [1]