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最高法发布第五批涉“一带一路”建设典型案例
Yang Shi Xin Wen· 2025-09-25 02:55
Core Viewpoint - The Supreme People's Court of China has issued opinions to promote the high-quality development of international commercial courts, focusing on supporting the Belt and Road Initiative and high-level opening-up, with five areas and fifteen specific opinions outlined [1] Group 1: Case Summaries - Case 1 involves a performance standby letter of credit issued by Jiangsu Bank for China Electric Power Engineering Co., Ltd. to fulfill a contract in the Philippines, amounting to approximately $23 million. The case clarifies the legal applicability of standby letters of credit and independent guarantees, establishing that the payment obligation under the counter-guarantee does not extinguish due to the payment arrangement of the standby letter [2][4][5] - Case 2 addresses a dispute involving Beijing Xiaocheng Technology Co., Ltd. and Jiangsu Zhonghuan Enterprise Management Co., Ltd. over the quality of solar modules supplied for a power station in Ghana. The court utilized a cross-border judicial appraisal method to determine the quality issues, leading to a compensation ruling of approximately 1,093,585.47 yuan [6][7][9] - Case 3 pertains to Jinmai International Co., Ltd. seeking to enforce a civil judgment from the Singapore High Court against Chinese nationals for a debt of $6.65 million. The Jiangsu Province court recognized and enforced the Singapore judgment based on mutual recognition agreements between the two countries [10][11][13] Group 2: Significance of Cases - The first case sets a precedent for the legal treatment of standby letters of credit in China, promoting the use of financial guarantee tools in international engineering contracts, which is crucial for stabilizing market expectations and order [5] - The second case demonstrates innovative judicial practices in handling cross-border disputes, enhancing the confidence of Chinese enterprises in international investments and collaborations under the Belt and Road Initiative [9] - The third case illustrates the effective cooperation between Chinese and Singaporean courts in recognizing and enforcing civil judgments, reinforcing the legal framework for international commercial disputes [13]
深圳市怡亚通供应链股份有限公司关于担保事项的进展公告
Core Viewpoint - Shenzhen Yiatong Supply Chain Co., Ltd. has approved a guarantee for its subsidiary Yitong New Materials Co., Ltd. to secure a credit line of up to RMB 800 million for 2025, with a specific guarantee amount of RMB 390 million for a loan from Industrial Bank [3][4]. Group 1: Guarantee Approval and Details - The board of directors approved the proposal for Yitong New Materials to apply for a credit line from banks, with a total amount not exceeding RMB 800 million [3]. - The guarantee provided by the company is a joint liability guarantee, with a maximum guarantee amount of RMB 390 million for the loan from Industrial Bank [4][6]. Group 2: Financial Metrics and Risk Assessment - As of the announcement date, the total external guarantees provided by the company and its subsidiaries exceed 100% of the latest audited net assets, with the guaranteed entity having a debt-to-asset ratio exceeding 70% [2]. - The company has a total of RMB 36.94 billion in approved guarantees (non-actual) and RMB 15.53 billion in actual guarantees, with the signed guarantee amount representing 247.82% of the latest audited net assets [8]. Group 3: Board's Opinion and Compliance - The board believes that the guarantee is necessary and reasonable to meet the operational funding needs of the subsidiary, and that the risks are controllable [7]. - The company will adhere to regulatory requirements to effectively manage external guarantee risks [8].