On 3 Apr. 2022, the Memorandum of Understanding on Cooperation between the SPC and the Supreme Court of Singapore on Information on Foreign Law (hereinafter referred to as the “MOU”) officially came into force.
This MOU is part of the SPC’s efforts to address a common problem faced by Chinese local courts – the insufficient capacity to ascertain foreign law.
In accordance with the MOU, if it is necessary for courts in the Republic of Singapore and the People's Republic of China to apply the law of the other State in adjudicating international civil and commercial cases, a request may be made to the Supreme Court in the other State to provide information and opinions on its domestic law and judicial practice in civil and commercial matters, or matters relating thereto.
The MOU specifies a timeline for the transmission of the requested information. It requires the Receiving Party to respond to the request for information and opinions as promptly as possible and to notify the Requesting Party in a timely manner if it is unable to respond within 60 days after receipt of the request.
The MOU also stipulates that if the Receiving Party considers that issuing a reply to the request may be prejudicial to its sovereignty, security, or public interests, it may refuse the request but will promptly notify the Requesting Party accordingly.
Cover Photo by Mike Enerio on Unsplash
Contributors: CJO Staff Contributors Team
