国际商事调解

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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]