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Equal Protection of the Legitimate Rights and Interests of Chinese and Foreign Parties

One of disputes solved by Win & Win Law Firm was adopted as excellent cases for protecting the rights and interest of foreign company. Qingdao Intermediate People’s Court recently announced that in order to improve the quality of ascertainment and application of extraterritorial laws (including foreign laws and laws of Hong Kong, Macao and Taiwan) in foreign civil and commercial trials, and equally protect the legitimate rights and interests of Chinese and foreign parties, Qingdao Intermediate Court and East China University of political science and law have explored the establishment of a cooperative mechanism for ascertaining extraterritorial laws for half a year. Since then, Qingdao local court and intermediate court have properly and efficiently resolved many foreign parties involved by this mechanism Disputes.


Court was finding out Russian laws and to identify the effectiveness of arbitration agreements in a professional and efficient way. In the case of a Russian trading company suing an enterprise in Qingdao to apply for recognition and enforcement of a foreign arbitration award, and was heard by the Fourth Civil Court of Qingdao Intermediate Court. The validity of the arbitration agreement shall be determined according to the relevant laws of the place where the arbitration institution is located, that is, Russia. The Fourth Civil Court Of Qingdao Intermediate Court and the Research Center for the identification of foreign laws of East China University of political science and law have found out the relevant Russian laws, solved the problem of the determination of the validity of the arbitration agreement and the consistency of the translation of the English and Russian versions by the relevant laws. Both parties expressed their appreciation for the fairness, professionalism and efficiency of Qingdao court, and Russian enterprises expressed their confidence in the prospect of Chinese market.


Finding out the case law of the United States and successfully mediate the disputes over foreign entrustment contracts. The plaintiff, a company in Qingdao, sued the defendant, a company in the United States and a natural person named He **. It should be applied to the law of the place where the trustee is located and in the United States. The Fourth Civil Court Of Qingdao Intermediate Court entrusted the foreign law investigation and research center of East China University of political science and law to find out the relevant provisions of the statute law and case law of U.S.A, and promptly explained the law to all parties and informed the litigation risks,  the relevant provisions of American law and the execution after the judgment, the both parties finally reached a settlement agreement, and a difficult and complex foreign dispute was successfully resolved.


Finding out British cases and clarify different legal relations. The plaintiff, British company A, sued the defendant, British company B, and the defendant, Wang**. The case involved two different legal relationships. The dispute of unjust enrichment between company A and company B should be governed by Chinese law, while Wang** as a shareholder of British company B argued that it should be governed by the law of the place where the company is registered, that is, British law. The Fourth Civil Court Of Qingdao Intermediate Court entrusted the foreign law investigation and research center of East China University of political science and law to investigate the “relevant written law and case law on the liability of shareholders of one-man company to the company’s debts” in British law. Combined with the legal opinions issued by the center and the facts found out in this case, the case handling judge prudently and accurately determines that Wang** is not responsible for the debts of British company B due to improper enrichment.


According to reports, in the operation of the cooperation mechanism for the identification of extraterritorial laws, the Fourth Civil Court Of Qingdao Intermediate Court adheres to the strategy of making foreign commercial trials excellent, and constantly explores the practice and standardization of relevant processes. The authority and accuracy of the cooperation mechanism of the identification of the extraterritorial law has solved the problem of the identification in the foreign-related commercial trials, effectively improves the trust of the foreign parties in the Chinese judicial system, and is conducive to further building a market-oriented, rule of law, international, open, transparent, fair and just business environment in Qingdao.

 

 

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