China court solved international trade disputes fairly
In September 2022, the Nanning International Commercial Court of the China ASEAN Free Trade Area was successfully approved and put into substantive operation. It has centralized jurisdiction over some foreign-related civil and commercial cases, built an international judicial base for ASEAN countries and RCEP member countries, solved international trade disputes fairly and efficiently, and provided a strong judicial guarantee for high-quality joint construction of the “the Belt and Road”, promoting the construction of the China ASEAN Free Trade Area and escorting the implementation of the RCEP agreement. The High Court of the Autonomous Region has strengthened its guidance, support, and supervision of the construction of the Nanning International Commercial Court, deepened the governance of litigation sources in foreign-related civil and commercial cases, expanded the research field of international economic and commercial legal system, and provided intellectual support for professional and high-level foreign-related commercial trials.
Shandong judicial courts have strengthened mediation of foreign-related commercial maritime disputes and provided diversified dispute resolution services for Chinese and foreign parties. Qingdao Maritime Court has strengthened the construction of “maritime mediation center”, strengthened the function of maritime mediation for SCO countries and countries and regions along the “the Belt and Road”, and built a diversified dispute resolution mechanism in line with the characteristics of maritime cases, The pre litigation resolution rate reached 36.93%. It is reported that courts at all levels in Shandong abide by international treaties and practices, abide by basic norms of international law, fully respect the parties involved, adhere to the principle of “autonomy of will+closest connection”, and determine the applicable law for the case in accordance with the law. In multiple cases, the laws of countries such as South Korea and the Marshall Islands, as well as the written laws of Hong Kong in China, have been applied.
On the stage of international commercial maritime trials, the “good voice of China” in Chinese courts regarding foreign commercial maritime matters is becoming increasingly prominent. Chinese courts actively practice the concept of win-win situation with an open mind and are committed to international rulemaking. The Supreme People’s Court actively dispatched personnel to participate in the formulation of international conventions and rules, such as the Hague Association of Private International Law’s Foreign Judgments Project, Jurisdiction Project, and the United Nations Commission on Trade Law’s Draft Convention on International Recognition of the Judicial Sale of Ships.
Chinese courts actively carry out research on the rule of law related to foreign affairs, conduct research on judicial dynamics in various countries based on changes in domestic and international situations, timely follow up on the latest developments in the rule of law and judicial fields in the international community and major countries around the world, absorb and draw on useful experience, and provide intellectual support for China’s foreign-related rule of law construction. In September 2020, the Supreme People’s Court held a “Symposium on International Law Related Issues” at Wuhan University to strengthen exchanges with the international legal community. People’s courts at all levels have conducted research on cutting-edge hot topics such as legal risk prevention for Chinese “going global” enterprises, legal issues related to free trade pilot zones, cross-border bankruptcy, recognition and enforcement of foreign court civil and commercial judgments, and the Singapore Mediation Convention, providing suggestions and suggestions for the construction of foreign-related rule of law.