SPC vice-president calls for fair and effective settlement of cross-border civil and commercial disputes

(english.court.gov.cn)      Updated : 2021-10-28

China has largely promoted international cooperation in recognition and execution of foreign judgments in civil or commercial matters and accumulated useful experience in foreign law ascertainment and application, said Tao Kaiyuan, vice-president of the Supreme People's Court (SPC) at a symposium held during the Maritime Silk Road International Forum on Judicial Cooperation on Oct 26.

The symposium was themed on judicial cooperation in recognition and enforcement of foreign judgments in civil or commercial matters and foreign law ascertainment.

She briefed China's practices in these areas, saying that Chinese courts in recent years have upheld the principle of extensive consultation, joint contribution and shared benefits, fulfilled international treaties and obligations, advocated the principle of judgment reciprocity, discussed the signing of memorandums of understanding, participated in the formulation of the Hague Conventions, and effectively promoted international cooperation in recognition and enforcement of foreign judgments in civil and commercial matters.

China's courts have been expanding channels of foreign law ascertainment and building a platform in this regard, and have accumulated useful experience, Tao said.

Tao came up with three proposals at the symposium.

First, an open and inclusive concept needs to be followed in judicial practices to build a foreign law ascertainment mechanism for judicial organs of different countries. A new judicial cooperation mechanism that can give equal protection to the judgment interests of parties from different countries should be built so as to provide a judicial guarantee for the liberalization and facilitation of trade and investment.

Second, the application scope of reciprocity principles should be broadened. We need to encourage the signing of MoUs among the courts of participating countries at the symposium and promote reciprocal commitments through diplomatic channels, extend the consensus on reciprocity to more countries involved in the Belt and Road Initiative, and thus improve the mutual recognition and enforcement of judgments.

Third, information sharing among judicial organs need to be strengthened. The judicial departments of countries should build an online information exchange mechanism that includes laws and cases so as to strengthen communication among foreign law experts and provide more rapid and convenient support for cross-border civil and commercial lawsuits.