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涉境外铁路工程争议等 最高法发布首批涉外商事海事调解案例
Yang Shi Wang· 2025-07-10 11:45
Group 1 - The Supreme People's Court of China has released six typical cases of foreign-related commercial maritime mediation to enhance the legal framework for foreign-related law and promote high-level opening-up [1][2] - The cases involve parties from six countries, including Singapore, South Korea, Italy, and the United States, showcasing China's innovative multi-faceted dispute resolution mechanisms [1][2] - The cases reflect the integration of traditional Chinese culture with modern legal principles, emphasizing the core values of mutual trust and win-win cooperation [1][2] Group 2 - The first case addresses a significant quality dispute in an overseas railway project, highlighting the court's approach to ensure timely resolution to avoid project delays [1] - The second case involves a coal-fired power plant project with a dispute exceeding 100 million yuan, where the court utilized a comprehensive mediation model involving technical assessment [1] - The third case illustrates the court's support for private enterprises facing overseas challenges, particularly in a million-dollar claim related to exports to the EU [2] Group 3 - The court emphasizes equal protection for both domestic and foreign investors, enhancing confidence in foreign investment in China [3] - A case involving a U.S. company and several Chinese enterprises demonstrates the court's innovative risk-sharing and interest-balancing mediation mechanisms [3] - Another case with a Singaporean investment company showcases the court's effective resolution of equity transfer disputes, ensuring foreign investors can safely recover their investments [3] Group 4 - The article highlights the evolution of dispute resolution from merely focusing on case outcomes to addressing underlying issues, reflecting a cultural shift towards harmony and cooperation [4] - The Supreme People's Court aims to create a market-oriented, law-based, and international business environment, supporting high-quality development of the Belt and Road Initiative [4]