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SPC Publishes Third Batch of BRI-related Typical Cases

Mon, 21 Mar 2022
Categories: China Legal Trends

On 28 Feb. 2022, China’s Supreme People’s Court (SPC) released the third batch of typical cases related to the Belt and Road Initiative (BRI) Construction.

The newly-released cases include product liability disputes, independent guarantee fraud disputes, share transfer disputes as well as the application for recognition and enforcement of foreign arbitral awards and foreign court judgments.

The following points are worth noting.

  • The very first case ruled by the China International Commercial Court (CICC)

In the product liability dispute between the Guangdong Bencao Pharmaceutical Group Co. Ltd. and the Bruschettini S.R.L., the CICC has delivered its first international commercial judgment since its establishment in 2018.

This case has pointed to the feature of CICC cases - the first instance system, in which the court judgment becomes effective once it is rendered, promoting the efficiency of resolving commercial disputes.

  • The recognition of a South Korean judgment based on the principle of reciprocity

In the case of Cui v. Ying (2018) Lu 02 Xie Wai Ren No.6" ((2018)鲁02协外认6号), concerning the recognition and enforcement of a South Korean court judgment, the people’s court has ruled for the recognition and enforcement based on the reciprocal relationship between China and South Korea established by a precedent, in which Seoul Southern District Court of South Korea had recognized and enforced a Chinese judgment rendered by the Weifang Intermediate People’s Court, Shandong. 

For a detailed discussion on this case, please read an earlier post ‘Chinese Court First Recognizes a South Korean Judgment: Another Sign of Door Open for Foreign Judgments’.

China released the first and second batch of typical cases related to the BRI in 2015 and 2017, in order to provide guidance and reference to local courts with regard to handling foreign-related civil and commercial lawsuits.

 

 

Cover photo by Miles Chang on Unplash.

Contributors: CJO Staff Contributors Team

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