Huang Shuai is a current undergraduate at China University of Political Science and Law, majoring in translation and law. He was also an intern at the Beijing Third Intermediate People's Court.
Shuai Huang 黄帅
In November 2023, Chengdu Court's historic decision, in a case of recognition of a foreign divorce judgment, exempts consular authentication, marking the first application of the Apostille Convention in Chinese courts.
Following the implementation of the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region, judgments made by courts in China’s Mainland can be enforced in Hong Kong after being registered by Hong Kong courts.
In November 2023, the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille Convention) came into effect in China, streamlining cross-border document procedures with 125 countries and eliminating the need for consular legalization for foreign-related public documents.
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).
In October 2023, China’s Supreme People’s Court (SPC) reported to China’s top legislature, the Standing Committee of the National People’s Congress, on a notable rise in environmental cases handled by Chinese courts, emphasizing international collaboration for environmental justice principles.
In October 2023, the Standing Committee of the National People's Congress, China's legislature, promulgated the newly revised Marine Environment Protection Law, which imposes stricter regulations on activities in the marine environment and prohibits certain discharges and dumping.
In October 2023, Judge Shen Hongyu was appointed the Chief Judge of the Fourth Civil Division of the Supreme People’s Court. This Division is an international commercial dispute department, that handles cases involving foreign-related civil and commercial matters, the recognition and enforcement of foreign arbitral awards and judgments in China, and formulates judicial policies and judicial interpretations applicable nationwide in these areas.
In October 2023, China’s State Council promulgated the Regulations on Minors’ Internet Protection (未成年人网络保护条例), aiming to clarify what cyber information is suitable for minors, protect their personal information, and curb internet addiction among minors.
The Fifth Amendment (2023) to the PRC Civil Procedure Law has opened a new chapter on international civil jurisdiction rules in China, covering four types of jurisdictional grounds, parallel proceedings, lis alibi pendens, and forum non conveniens. This post focuses on how conflicts of jurisdiction are resolved through mechanisms such as lis alibi pendens, and forum non conveniens.