SPC Interprets International Treaties & Practices in Chinese Courts

In December 2023, China's Supreme People's Court (SPC) reaffirmed the supremacy of international treaties over domestic laws in foreign-related civil and commercial cases with its “Interpretation on Several Issues Concerning the Application of International Treaties and International Practices”(关于审理涉外民商事案件适用国际条约和国际惯例若干问题的解释).

Malaysia Dismisses Application to Enforce Chinese Judgment Due to “Procedural Irregularities” in 2023

In 2023, Malaysia's High Court in Kuala Lumpur dismissed an application to enforce a Chinese monetary judgment, citing procedural irregularities and highlighting the significance of complying with formalities when presenting proof of foreign judgments (Mah Sau Cheong v. Wee Len, OS No. WA-24NCvC-800-03/2022).

SPC's Revised Rules Extend Reach of International Commercial Courts

In December 2023, China's Supreme People’s Court's newly amended provisions extended the reach of its International Commercial Courts (CICC). To establish a valid choice of court agreement, three requirements must be met - the international nature, the agreement in writing, and the amount in controversy - while the 'actual connection' is no longer required.

China Registers First Foreign Arbitration Institution: KCAB Shanghai Center

In December 2023, Shanghai granted registration to the Korean Commercial Arbitration Board Shanghai Center, marking the establishment of the first foreign arbitration institution in the city under new regulations.

Shanghai Court Pioneers Support for Arbitration Evidence Collection in China

In December 2023, a Shanghai local court set a groundbreaking precedent by issuing investigation orders to assist arbitration institutions, marking the first instance of such support in China's legal landscape.

Shanghai Greenlights First-Ever Ad Hoc Arbitration in China

In November 2023, Shanghai became the first region in China to legalize ad hoc arbitration by adopting the “Regulations on the Promotion of the Establishment of the International Commercial Arbitration Center in Shanghai”.

Thus Spoke Chinese Judges on International Civil Jurisdiction: Insights from Chinese Supreme Court Justices on 2023 Civil Procedure Law Amendment (1)

The insights from Chinese Supreme Court Justices on the 2023 Civil Procedure Law Amendment highlight significant modifications to international civil procedure rules, including expanded jurisdiction of Chinese courts, enhancements in consensual jurisdiction, and coordination of international jurisdictional conflicts.

Turning Point: China First Recognizes Japanese Bankruptcy Decision

In a historic development, the Shanghai Court recognized a Japanese bankruptcy decision in 2023, signaling a potential shift in the traditionally strained mutual recognition landscape between China and Japan ((2021) Hu 03 Xie Wai Ren No.1).