国际商事纠纷解决
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广州国际商事法庭正式成立
Ren Min Ri Bao Hai Wai Ban· 2026-02-05 02:42
(原标题:广州国际商事法庭正式成立) 据悉,近五年,广州法院审结涉外涉港澳台民商事案件2.96万件,当事人涉及世界七大洲150余个司法 管辖区,形成一批具有先导示范意义的标杆案件。(记者 贺林平) 经最高人民法院和广东省高级人民法院批复同意,广州国际商事法庭2月4日正式成立。作为服务保障高 水平对外开放和粤港澳大湾区建设的重要国际商事争议解决平台,法庭的成立,标志着广州在打造国际 商事纠纷解决高地、营造国际一流法治化营商环境的征程中迈出关键一步。 广州国际商事法庭内设于广州市中级人民法院,作为国际商事纠纷专业审判机构,受理应由该院管辖的 第一、二审涉外商事案件等。广州市中级人民法院党组副书记、副院长吴翔表示,该法庭将在构建契合 高质量发展、高水平开放要求的国际商事审判机制,打造国际商事纠纷解决优选地等方面发挥积极作 用。 ...
广州国际商事法庭成立,协同打造国际商事纠纷解决高地
Nan Fang Du Shi Bao· 2026-02-04 08:46
2026年2月4日,广州国际商事法庭正式成立。作为服务保障高水平对外开放和粤港澳大湾区建设的重要 国际商事争议解决平台,广州国际商事法庭的成立标志着广州在打造国际商事纠纷解决高地、营造国际 一流法治化营商环境的征程上迈出了关键一步。 最高人民法院批复同意设立 广州国际商事法庭 2025年9月,最高人民法院出台《关于推进国际商事法庭高质量发展 服务保障高水平对外开放的意 见》,系统谋划国际商事法庭高质量发展的路径、举措。 广州作为我国重要的中心城市、粤港澳大湾区核心引擎,正全力以赴推进深层次改革,扩大高水平开 放,设立广州国际商事法庭,恰逢其势、正当其时。 2月4日上午,广州市中级人民法院召开新闻发布会,详细介绍了广州国际商事法庭的成立背景、主要职 能与管辖范围。广州市中级人民法院党组副书记、副院长吴翔,广州国际商事法庭主要负责同志张筱 锴,负责同志宁建文参加发布会。发布会由广州市中级人民法院宣教处处长陈育锦主持。 会议介绍,广州国际商事法庭是经最高人民法院批复同意,内设于广州市中级人民法院的国际商事专业 审判机构,专门管辖涉外商事案件。管辖范围涵盖应由广州市中级人民法院管辖的第一、二审涉外商事 案件、仲裁司法 ...
打造国际商事纠纷解决“优选地”
Xin Lang Cai Jing· 2026-01-30 18:44
本报讯 记者邢东伟 翟小功 在1月29日召开的海南省第七届人民代表大会第五次会议上,海南省高级人 民法院党组书记、院长戴军向大会作法院工作报告时表示,2025年海南法院全面发挥审判职能,为自贸 港建设提供司法服务和保障。其中,审结涉外、涉港澳台民商事案件1507件。 戴军说,海南法院实质 化运行国际商事纠纷解决中心,打造国际商事纠纷解决"优选地"。初步建成域外法查明案例和法律资源 数据库,推动"一站式"涉外诉讼服务体系建设。积极构建临时仲裁司法审查机制,审结全省首例涉外临 时仲裁财产保全案。完善免税城巡回法庭和审判点工作机制,加大消博会司法服务力度,助力国际旅游 消费中心建设。 戴军表示,加强对自贸港封关运作后贸易、投资、金融、数据等领域风险隐患的分析 研判,做好司法应对。建立琼粤桂反走私审判联席会议机制,强化跨省司法协作,共筑反走私法治屏 障。修订"套代购"走私刑事案件裁判指引,统一办案尺度,审结相关案件116件184人。 报告提出,海 南省法院开展规范涉企执法司法专项行动,涉企案件平均审理时长缩短至62天,审限内结案率、一审服 判息诉率、执行到位率分别达94.46%、92.57%、52.13%。审结破产和 ...
苏州仲裁委员会国际商事仲裁院启用
Su Zhou Ri Bao· 2026-01-28 00:35
Core Viewpoint - The establishment of the International Commercial Arbitration Court in Suzhou aims to enhance the international commercial dispute resolution mechanism and support the city's development as an international open gateway [1] Group 1: Arbitration Court Establishment - The International Commercial Arbitration Court is located in the Suzhou Free Trade Zone Legal Service Center and features an international commercial arbitration service center and a remote arbitration hearing system [1] - The court has appointed 54 foreign-related arbitrators to handle disputes in international trade, intellectual property, financial securities, and international investment [1] Group 2: Collaborations and Support - A cooperation agreement was signed between Suzhou University’s Wang Jian Law School and the Suzhou Arbitration Committee to collaborate on foreign-related arbitration think tank support and talent cultivation [1] - Strategic cooperation agreements were established between the International Commercial Arbitration Court, the Suzhou Cross-Border E-Commerce Association, and the Municipal Industrial Park Development Promotion Association to assist Suzhou enterprises in expanding international markets and mitigating legal risks [1]
海南逐步成为全球国际商事纠纷解决优选地
Xin Lang Cai Jing· 2025-12-26 19:02
Core Viewpoint - Hainan Province is emerging as a preferred location for international commercial dispute resolution, having accepted 25,980 commercial disputes and successfully mediated 7,089 cases, with a total dispute amount of approximately 18.7 billion yuan [1] Group 1: Commercial Dispute Resolution - Hainan has accepted a total of 25,980 commercial disputes [1] - The province has successfully mediated 7,089 disputes [1] - The total amount in dispute is approximately 18.7 billion yuan [1] Group 2: Administrative Reforms - Hainan is the first province in China to establish a single administrative review agency at the primary government level [1] - The rate of administrative agency heads appearing in court has increased from 34.24% in 2021 to 100% by 2025 [1] - Comprehensive administrative law enforcement reform has been completed across the province, addressing issues of fragmented enforcement [1] Group 3: Mediation and Legal Support - Hainan has achieved full coverage of professional mediators and village (community) legal advisors [1] - A total of 3,769 people’s mediation organizations have been established, with 21,615 mediators and 1,103 legal advisors appointed [1] - Over the past five years, 142,000 mediation cases have been accepted, with a success rate of 94% [1]
海南正逐步成为国际商事纠纷解决优选地
Hai Nan Ri Bao· 2025-12-25 02:21
Group 1 - Hainan has accepted 25,980 commercial disputes with a total disputed amount of approximately 18.7 billion yuan, establishing itself as a preferred location for international commercial dispute resolution [2] - The province has successfully mediated 7,089 disputes, contributing to its reputation as a global hub for commercial arbitration [2] - Hainan is one of five pilot regions in China for the establishment of international commercial arbitration centers [2] Group 2 - The province has implemented a comprehensive legal framework to support the construction of Hainan Free Trade Port, enhancing legal services and governance [3] - Hainan has achieved significant milestones in legal governance, with Haikou and Sanya recognized as national model cities for legal government construction [3] - The administrative litigation response rate has improved from 34.24% in 2021 to a target of 100% by 2025 [3] Group 3 - Hainan has focused on revising and establishing regulations in key areas such as healthcare and administrative law, enhancing the legal environment for businesses [4] - The province has initiated a three-year action plan to improve administrative law enforcement quality, addressing 1,252 issues and recovering approximately 50.58 million yuan for enterprises [4] - Legal aid services have been expanded, with 101,344 cases handled, recovering 842 million yuan for the public [4] Group 4 - Hainan has maintained social stability through various initiatives, including community correction and dispute resolution, achieving a 94% success rate in mediation [5] - The province has established 3,769 mediation organizations and trained over 21,615 mediators to enhance conflict resolution [5] - Administrative review processes have resolved over 15,000 cases in the past five years, with more than 80% concluding satisfactorily [5] Group 5 - Hainan is advancing its foreign-related legal system, having introduced regulations for international commercial arbitration and hosted China's first temporary arbitration case [6] - The province has provided comprehensive legal services for major events, including the China International Consumer Products Expo, and has attracted legal professionals from Hong Kong [6] - Innovative service models, such as "blockchain + notarization," have been implemented, covering 111 countries and regions [6]
海南法院加强自贸港涉外司法服务保障
Hai Nan Ri Bao· 2025-12-09 01:30
Core Viewpoint - The establishment of Hainan Free Trade Port as a preferred location for international commercial dispute resolution is being reinforced by the local judiciary's enhanced foreign-related judicial services and guarantees [2][4]. Group 1: Case Resolution and Judicial Innovation - A recent case involving a dispute between a Sanya investment company and a Kunming real estate company was successfully mediated by the Hainan Free Trade Port Second International Commercial Court, showcasing the court's efficiency in resolving commercial disputes [2]. - The court utilized a litigation cost leverage mechanism to encourage parties to opt for mediation, leading to a successful settlement and highlighting the market-oriented, rule-of-law, and international business environment in Hainan [2][3]. - This case is noted as the first instance of using the litigation cost leverage mechanism to effectively resolve foreign-related commercial disputes, providing a "Hainan experience" for other courts in China [3]. Group 2: Judicial System and Service Enhancement - The Hainan Free Trade Port First International Commercial Court successfully resolved a foreign-related financial loan dispute exceeding 1.7 billion yuan, ensuring the continuous funding of the borrowing party's project [3]. - The court has developed innovative mechanisms focusing on the legal needs of the free trade port, including an integrated approach to litigation, trial, and enforcement, as well as a multi-faceted dispute resolution system [3]. - The Hainan Provincial High People's Court aims to enhance the professionalism of its foreign-related trial team and improve the international credibility of the judicial system in line with the development of the Hainan Free Trade Port [4].
金观平:进一步夯实对外开放法治根基
Jing Ji Ri Bao· 2025-11-10 07:41
Core Viewpoint - The Supreme People's Court has issued opinions to enhance the construction of international commercial courts, aiming to improve the quality and efficiency of foreign-related commercial trials, thereby supporting high-level opening-up and the Belt and Road Initiative [1][2] Group 1: Development of International Commercial Courts - The establishment of international commercial courts in Shenzhen and Xi'an in 2018 marked a significant step, followed by 16 intermediate people's courts in cities like Suzhou, Beijing, and Shanghai since 2020 [1] - These courts aim to create a new mechanism for resolving international commercial disputes and provide high-quality legal services to both domestic and foreign parties [1] Group 2: Legal Environment and Judicial Efficiency - A law-based business environment is essential for foreign investment, focusing on equal protection of the legal rights of both domestic and foreign parties [1] - There is a need to enhance the effectiveness of foreign-related judicial processes by improving jurisdiction mechanisms and case management systems [1][2] Group 3: Multi-faceted Dispute Resolution Mechanisms - The complexity and high costs of cross-border litigation necessitate the establishment of more efficient dispute resolution mechanisms, including video witnessing and standardized case management [2] - The diversity in legal systems and cultures among international commercial participants requires the development of a robust dispute resolution service framework [2] Group 4: Legal Guidance and Standardization - The Supreme People's Court's opinions aim to provide legal guidance and risk alerts for foreign-related enterprises, facilitating the selection of dispute resolution methods [2] - Standardization of commonly used judicial documents and litigation procedures in English is also emphasized to enhance accessibility for international participants [2]
进一步夯实对外开放法治根基
Jing Ji Ri Bao· 2025-11-07 22:10
Core Viewpoint - The Supreme People's Court has issued opinions to enhance the construction of international commercial courts, aiming to improve the quality and efficiency of foreign-related commercial trials, thereby supporting high-level opening-up and the Belt and Road Initiative [1][2]. Group 1: Development of International Commercial Courts - The establishment of international commercial courts in Shenzhen and Xi'an in 2018 marked the beginning of a new phase in foreign-related judicial trials in China [1]. - Since 2020, 16 intermediate people's courts in cities such as Suzhou, Beijing, Chengdu, Xiamen, Shanghai, and Chongqing have set up international commercial courts, creating a new mechanism for resolving international commercial disputes [1]. - These courts aim to provide high-quality legal services and establish a "one-stop" dispute resolution center for both domestic and foreign parties [1]. Group 2: Legal Environment and Judicial Efficiency - A law-based business environment is essential for foreign trade, and the focus of foreign-related judicial construction is on equal protection of the legitimate rights and interests of both domestic and foreign parties [1]. - To adapt to the new trends of expanding opening-up, there is a need to enhance the efficiency of foreign-related judicial processes within the legal framework [1]. - Innovations in jurisdiction mechanisms, case management, and the application of international treaties and practices are proposed to facilitate smoother dispute resolution and more efficient litigation services [1][2]. Group 3: Multi-faceted Dispute Resolution Mechanisms - The complexity and high costs of cross-border litigation necessitate the establishment of more efficient dispute resolution mechanisms [2]. - Courts are adopting measures such as video witnessing to improve the efficiency of evidence transfer and authorization processes [2]. - A comprehensive service guarantee mechanism for dispute resolution is being developed, including the judicial confirmation of international commercial mediation agreements [2]. Group 4: Legal Guidance and Standardization - The Supreme People's Court's opinions aim to provide legal guidance and risk alerts for foreign parties and enterprises venturing abroad [2]. - Standardized model clauses for jurisdiction in foreign-related agreements are being developed to facilitate dispute resolution choices for parties involved [2]. - The initiative seeks to create a fair, efficient, and distinctive international commercial dispute resolution framework, reinforcing the legal foundation for opening-up [2].
最高法:研究起草数据产权司法保护意见,妥善处理数据纠纷
Nan Fang Du Shi Bao· 2025-08-08 06:26
Group 1 - The Supreme People's Court issued guidelines to implement the Private Economy Promotion Law, focusing on the judicial protection of data property rights and the resolution of data rights disputes to promote efficient circulation and trading of data elements [1][2] - The guidelines emphasize the need to correct disproportionate administrative penalties against private economic organizations and strengthen judicial efforts against monopolistic and unfair competition practices [2][3] - The guidelines aim to address issues related to overdue payments to private economic organizations, particularly small and medium-sized enterprises, ensuring timely payment of debts [2][3] Group 2 - The guidelines propose measures to combat internal corruption within private economic organizations, including the issuance of guiding cases and promoting legal awareness [3][4] - The guidelines call for the establishment of a one-stop international commercial dispute resolution mechanism to facilitate cross-border commercial mediation, supporting private economic organizations in participating in the Belt and Road Initiative [3][4] - The guidelines stress the importance of judicial protection of property rights and the need to rectify wrongful cases involving enterprises, ensuring strict adherence to legal procedures [4]