In a landmark move that could reshape how businesses settle disputes globally, the Supreme People's Court of the Chinese mainland (SPC) has rolled out a comprehensive 15-article guideline to advance international commercial courts.
The new framework aims to build a "well-structured, fair, efficient and convenient" legal system for cross-border disputes. Key measures include:
- Optimizing jurisdiction rules and case management
- Strengthening mechanisms to ascertain and apply foreign law
- Expanding use of international treaties and best practices
- Professionalizing judges and deepening cooperation with UNCITRAL and the Hague Conference on Private International Law
It’s also the first time Beijing has systematically planned coordinated court development at both national and local levels.
Since 2018, the Chinese mainland has launched two SPC-led commercial courts in Shenzhen and Xi’an and empowered 16 intermediate courts nationwide to handle international disputes.
To highlight its judicial progress, the SPC released its fifth batch of typical Belt and Road Initiative cases, offering practical insights:
- A landmark ruling clarifies that standby letters of credit with guarantee functions fall under Chinese rules for independent guarantees
- An engineering dispute in Africa showcasing innovative approaches to cross-border evidence collection and technical appraisal
Legal analysts see these steps as part of a broader push to strengthen the rule of law in foreign affairs. By providing clear precedents and a predictable environment, the Chinese mainland is positioning itself as a preferred forum for resolving complex global commercial disputes.
Reference(s):
cgtn.com
