The Opinions of the Supreme People’s Court on Judicial Services and Guarantees of the People’s Courts for the Construction of Hainan Free Trade Port entered into force on 8 Jan. 2021.
There are a total of 30 articles in seven aspects. The Opinions aim to clarify how courts will serve and guarantee the construction of Hainan Free Trade Port.
Key points of the Opinions include:
For foreign-related commercial cases of first instance that have no actual connection with China’s jurisdictions, the parties may, upon agreement, choose Hainan special trial courts for foreign-related civil and commercial matters to exercise jurisdiction, provided that such choice may not violate the provisions on tier jurisdiction. Civil and commercial cases involving foreign affairs, Hong Kong, Macao and Taiwan shall be centrally handled by Hainan foreign-related civil and commercial tribunals.
When evidentiary materials submitted by a party are written in English, a Chinese version may not be required with the consent of both parties. Notarization and certification procedures for evidence formed abroad are to be gradually simplified.
International arbitral institutions shall be supported to set up business offices and provide arbitration services in Hainan Free Trade Port. A “one-stop” international commercial dispute resolution center that integrates mediation, arbitration and litigation shall be established.
Cases involving trade in services shall be heard in accordance with the law, the negative list system for cross-border trade in services shall be maintained, and measures for granting national treatment to overseas service providers shall be implemented.