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).

China’s Wenzhou Court Recognizes a Singapore Monetary Judgment

In 2022, a local Chinese court in Wenzhou, Zhejiang Province, ruled to recognize and enforce a monetary judgment made by the Singapore State Courts, as highlighted in one of the typical cases related to the Belt and Road Initiative (BRI) recently released by China’s Supreme People’s Court (Shuang Lin Construction Pte. Ltd. v. Pan (2022) Zhe 03 Xie Wai Ren No.4).

2023 Asia-Pacific Regional Arbitration Group Conference Opens in Beijing

In November 2023, the 2023 Asia-Pacific Regional Arbitration Group Conference (APRAG) kicked off in Beijing, focusing on international arbitration amid changing times, with China's Ministry of Justice announcing plans for an International Commercial Arbitration Center pilot project and Beijing's commitment to providing comprehensive legal services.

Legal Crossroads: Canadian Court Denies Summary Judgment for Chinese Judgment Recognition When Faced with Parallel Proceedings

In 2022, the Ontario Superior Court of Justice of Canada refused to grant summary judgment to enforce a Chinese monetary judgment in the context of two parallel proceedings in Canada, indicating that the two proceedings should proceed together as there was factual and legal overlap, and triable issues involved defenses of natural justice and public policy (Qingdao Top Steel Industrial Co. Ltd. v. Fasteners & Fittings Inc. 2022 ONSC 279).