Shanghai International Commercial Court has, for the first time, issued an investigation order to assist in evidence collection for an international commercial arbitration case, marking a significant step in China's efforts to enhance judicial support for international arbitration and foster an arbitration-friendly legal environment.

The case arose from a cross-border data services contract involving foreign parties, with the dispute centering on the need to verify the identities of the parties’ representatives—information that was only available through WeChat usernames. After attempts to obtain the evidence independently failed, the arbitral tribunal issued an interim measure. Based on this, the Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center), based on an interim measure issued by the arbitral tribunal, submitted an application through the Shanghai Court’s One-Stop International Commercial Dispute Resolution Platform.

Following a thorough review, the Shanghai International Commercial Court concluded that the requested evidence was relevant and necessary to the arbitration, and that the parties and the tribunal had made reasonable efforts but unable to obtain it independently. The court determined that the tribunal’s interim measure was issued in accordance with due process and international arbitral norms. Accordingly, the court issued an investigation order in accordance with the provisional measures issued by the Shanghai High People’s Court to assist arbitration in evidence collection.

The issuance of the investigation order is a practical example of applying the Regulations of Shanghai Municipality on Promoting the Initiative for an International Commercial Arbitration Center introduced in 2023, which allow arbitral tribunals to propose interim measures for court to review and make judgments accordingly. It also represents a local adaptation of international standards, such as the UNCITRAL Model Law on International Commercial Arbitration, by translating global best practices into operational judicial procedures.

It is expected to further enhance the confidence of global commercial parties in China’s law-based business climate and contribute to Shanghai’s goal of becoming a leading arbitration hub in the Asia-Pacific region.