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国际商事法庭高质量发展
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国际商事法庭高质量发展有了“路线图”
Ren Min Wang· 2025-09-26 01:30
Core Viewpoint - The Supreme People's Court of China has released guidelines aimed at enhancing the development of international commercial courts and improving the judicial framework to support high-level foreign openness and the Belt and Road Initiative [1][2]. Group 1: Development of International Commercial Courts - The guidelines represent the first systematic planning for the high-quality collaborative development of international commercial courts at both the Supreme People's Court and local levels [1]. - Since the 18th National Congress, significant decisions have been made to strengthen foreign-related legal construction, leading to the establishment of international commercial courts in various cities including Shenzhen and Xi'an [1][2]. Group 2: Objectives and Mechanisms - The guidelines focus on five key areas: ensuring high-quality development of the Belt and Road Initiative, innovating the trial mechanism, promoting diversified dispute resolution, enhancing the reserve of foreign-related legal talent, and deepening international judicial cooperation [2][3]. - Specific innovations in the trial mechanism include optimizing jurisdiction for foreign-related commercial cases, improving case management, and enhancing litigation convenience [2]. Group 3: Dispute Resolution and Talent Development - A highlight of the guidelines is the improvement of multi-faceted dispute resolution mechanisms, including establishing judicial confirmation for international commercial mediation agreements and enhancing cooperation with international organizations [3]. - The guidelines emphasize the importance of foreign-related legal talent, proposing measures to strengthen talent reserves and promote the professional development of international commercial courts [3]. Group 4: International Judicial Cooperation - The guidelines outline mechanisms for judicial assistance, case sharing, and legal application exchanges, aiming to strengthen collaboration with international organizations such as the WTO and UNCITRAL [4]. - The Supreme People's Court plans to utilize resources from international commercial court cases to promote typical cases and judicial rules to international organizations, thereby enhancing China's narrative in foreign-related legal matters [4]. Group 5: Typical Cases Related to the Belt and Road Initiative - The fifth batch of typical cases related to the Belt and Road Initiative has been released, covering various legal issues such as independent guarantees and the recognition of foreign court judgments [5]. - These cases aim to provide clear guidance on legal principles and reflect China's proactive stance in international economic cooperation and judicial assistance [5].
最高法:支持自由贸易试验区、海南自由贸易港施行临时仲裁制度
Core Viewpoint - The Supreme People's Court of China has issued the "Opinions on Promoting the High-Quality Development of International Commercial Courts," marking the first normative judicial policy aimed at enhancing the development of international commercial courts [1][2]. Group 1: Key Provisions of the Opinions - The Opinions focus on supporting the high-quality development of the Belt and Road Initiative and high-level opening up, outlining five areas with fifteen specific suggestions [1]. - It addresses challenges in improving the quality and efficiency of international commercial adjudication, proposing innovative measures in six areas, including optimizing jurisdiction mechanisms and enhancing litigation facilitation [1][2]. Group 2: Multi-Dispute Resolution Mechanisms - The Opinions promote multi-faceted dispute resolution, integrating litigation with mediation and arbitration, and establishing mechanisms for judicial confirmation of international commercial mediation agreements [2]. - It emphasizes collaboration with international organizations and the establishment of a "one-stop" platform for diverse international commercial dispute resolution [2]. Group 3: Development of Local International Commercial Courts - Since 2020, 16 intermediate people's courts in various cities have established local international commercial courts, which have handled 16,687 cases and resolved 15,014 cases, providing efficient and low-cost dispute resolution services [3]. - These local courts support the strategic implementation of high-quality foreign-related civil and commercial adjudication, significantly aiding regional economic development and protecting the overseas interests of Chinese enterprises [3].
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:推进国际商事法庭发展,支持海南自贸港施行临时仲裁
Nan Fang Du Shi Bao· 2025-09-25 06:50
Core Viewpoint - The Supreme People's Court of China has released an opinion aimed at promoting the high-quality development of international commercial courts and enhancing the service and guarantee for high-level opening-up [1][2]. Group 1: Development of International Commercial Courts - The opinion supports and supervises the development of arbitration and emphasizes the role of a "one-stop" platform for the diversified resolution of international commercial disputes [1][3]. - Since 2018, the Supreme People's Court has established multiple international commercial courts across various cities, creating a comprehensive and high-quality judicial service framework for foreign trade [1][2]. Group 2: Innovative Measures for International Commercial Trials - The opinion outlines specific innovative measures to address challenges in enhancing the quality and efficiency of international commercial trials, focusing on optimizing jurisdiction mechanisms, improving case management, and innovating court operation mechanisms [2][3]. - It emphasizes the integration of litigation with mediation and arbitration, establishing mechanisms for judicial confirmation of international commercial mediation agreements, and enhancing cooperation with international organizations [3]. Group 3: International Judicial Cooperation - The opinion aims to strengthen international judicial cooperation by establishing mechanisms for judicial assistance, case exchange, and legal application, while enhancing collaboration with organizations like the WTO and UNCITRAL [3]. - It promotes the dissemination of China's foreign-related commercial legal system and the use of international commercial court cases to share typical cases and judicial rules with international organizations [3].