China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Launches a One-Stop Platform for Ascertainment of Foreign Law

Wed, 25 Dec 2019
Categories: China Legal Trends
Contributors: Meng Yu 余萌

 

China’s Supreme People’s Court is trying to help Chinese judges better ascertain foreign law, and has established a one-stop platform for this purpose. This platform is also a part of the International Commercial Dispute Resolution Mechanism and Institutions for the Belt and Road Initiative of the central government.

In my previous posts, I have introduced the difficulties faced by Chinese courts in ascertaining foreign law, and have specifically mentioned that many judges had to apply Chinese law in case of failure to ascertain or prove foreign law. The Supreme People’s Court (SPC) hopes to change this situation so that foreign laws can be applied more effectively in Chinese courts.

The platform is built on the website of the China International Commercial Court. To visit the platform, click here

The platform provides two ways to ascertain foreign law, including:

1. Ascertainment by International Commercial Expert Committee

These experts come from the International Commercial Expert Committee of the SPC. You can apply to CICC for engaging these experts.

However, the rates charged by these experts are not disclosed on the platform. These experts are well-known judges, arbitrators, lawyers, and scholars from China and other countries, so we guess that their rates are probably not low. The parties in most cases may not be able to afford to engage them. At present, there are only thirty-some experts on the platform, which is unlikely to meet the needs of all courts in China for foreign law ascertainment.

2. Ascertainment by Professional Organizations

The SPC has established cooperation with five foreign law ascertainment institutions in China, and you can directly apply to these institutions for foreign law ascertainment. Compared with the above expert committee, the rates charged by these five institutions are more flexible, and their expert reserves for ascertainment are more sufficient, thus making them more appealing for the parties.

In addition, the SPC has also published guiding cases involving the ascertainment of foreign laws, but these cases only have Chinese version at present. Chinese judges can learn about foreign laws from these cases, especially get to know how their peers apply foreign laws. Lawyers and parties may also use such cases as references.

I’m writing a paper to study Chinese practice in the field of the ascertainment of foreign law since 2011. I will share my opinions later in the paper.

Photo by Dino Reichmuth(https://unsplash.com/@dinoreichmuth) on Unsplash

 

Contributors: Meng Yu 余萌

Save as PDF

You might also like

China Enacts Landmark Private Economy Promotion Law

China enacted its landmark first Private Economy Promotion Law, effective May 20, 2025, to guarantee fair competition, streamline market access via a unified negative list, and bolster private enterprises through financing, innovation, and service support.

China Strengthens Criminal IP Protection with New Rules

In April 2025, China’s top court and procuratorate jointly issued a new judicial interpretation to clarify standards for handling criminal intellectual property infringement cases, aiming to strengthen IP protection, particularly in the service sector.

SPC’s 2024 Typical IP Cases Include AI Face-Swap Ruling

In April 2025, China’s Supreme People’s Court released eight typical IP cases, highlighting judicial responses to emerging issues in AI, gaming, and biotech, including a landmark ruling on AI face-swapping copyright infringement.

China Eases Tax Refunds to Boost Inbound Tourist Spending

In 2025, China has lowered its departure tax refund threshold from 500 RMB to 200 RMB and doubled cash refund limits to 20,000 RMB while expanding eligible stores and streamlining processes, aiming to boost inbound tourism spending and promote Chinese products.

Chinese Courts Bolster Pregnant Workers' Rights Protection

In April 2025, China's Ministry of Human Resources and Supreme People's Court released typical labor dispute cases emphasizing stronger protection of pregnant employees' rights, including a case where unlawful job reassignment and salary reduction were ruled illegal.

China Revises Marriage Registration Regulation

China's revised marriage registration rules, effective May 2025, eliminate location restrictions, simplify procedures by removing hukou requirements, and align divorce processes with the Civil Code's cooling-off period.