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一站式国际商事纠纷多元化解决机制
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最高法创新举措成功调解巨额跨国纠纷——平等保护助中外企业发展共赢
Jing Ji Ri Bao· 2025-06-23 22:03
Core Points - The Supreme People's Court's International Commercial Court successfully resolved a complex cross-border commercial dispute involving over ten million USD through mediation, highlighting the equal protection of legal rights for both Chinese and foreign parties [1][2] - The case involved a dispute between a Swiss company and a Shenzhen trading company, where the latter failed to notify the former before dissolving, leading to the Swiss company's inability to recover its debt [1][3] - The mediation process was characterized by the court's innovative measures to protect the legal rights of both parties, effectively addressing challenges such as currency fluctuations and complex internal approval processes [2][3] Summary by Sections Case Background - The dispute arose from a sales contract between a Swiss company and a Shenzhen trading company, resulting in an arbitration ruling that required the Shenzhen company to pay over ten million USD [1] - The Shenzhen company's shareholders dissolved the company without notifying the Swiss party, preventing the recovery of the debt [1] Mediation Process - The mediation was facilitated by a five-member panel led by Judge Shen Hongyu, who emphasized the importance of guiding parties to see the potential for mutual benefit [2] - The court utilized pre-trial meetings to identify key issues, laying a solid foundation for efficient mediation [1][2] - The mediation faced challenges due to significant amounts involved and currency market volatility, but the court's proactive approach helped stabilize the agreement [2] Judicial Integration - The case exemplified the integration of international commercial rules with Chinese judicial wisdom, effectively resolving the execution issues of international arbitration awards [3] - The Supreme People's Court has established a "one-stop" mechanism for resolving international commercial disputes, incorporating multiple arbitration and mediation institutions [3][4] Performance Metrics - As of June 19, 2025, the International Commercial Court had accepted 42 international commercial cases, with 36 concluded, involving parties from 21 countries and regions [4] - Among the concluded cases, 7 were resolved through mediation or withdrawal, accounting for 19.4% of the total, with mediation amounts exceeding 1.5 billion CNY [4]
北外滩国际法律服务港实体枢纽今启用 商事纠纷解决“最多跑一地” 企业出海服务中心为企业提供一站式出海服务
Jie Fang Ri Bao· 2025-05-13 01:37
Core Insights - The North Bund International Legal Service Port has officially opened its physical hub in Shanghai, aimed at becoming a "legal center" for enterprises, facilitating dispute resolution with a "one-stop" approach [1] - The North Bund Overseas Service Center provides specialized, point-to-point, and one-stop services for companies venturing abroad, integrating various service providers to create a comprehensive overseas service platform [1] - The North Bund Arbitration Service Center will collaborate with multiple international arbitration institutions to establish a diversified dispute resolution mechanism for international commercial disputes [2] Group 1 - The North Bund Overseas Service Center has formed the "Going Global" Alliance, which includes 11 law firms with overseas legal service networks in 46 countries or regions [1] - The center has already assisted several companies with services such as establishing open-end fund company structures, resolving financial loan contract disputes, and listing on the Hong Kong main board [1] Group 2 - The North Bund Arbitration Service Center will leverage partnerships with the Shanghai International Economic and Trade Arbitration Commission and other arbitration bodies to enhance its service offerings [2]