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Several Opinions of the SPC on Providing Judicial Services and Safeguards for the Construction of the Belt and Road Initiative by People’s Courts(2015)

关于人民法院为“一带一路” 建设提供司法服务和保障的若干意见

Type of laws Judicial policy

Issuing body Supreme People's Court

Promulgating date Jun 16, 2015

Effective date Jun 16, 2015

Validity status Valid

Scope of application Nationwide

Topic(s) Recognition and Enforcement of Foreign Judgements Civil Procedure Recognition and Enforcement of Foreign Arbitral Awards Arbitration and Mediation Doing Business

Editor(s) C. J. Observer

This Opinions proposed that:

1.the judicial review of arbitral awards involving parties in countries along the Belt and Road must be strengthened in accordance with law, and international commercial and maritime arbitration need be advanced to play an important role in the Belt and Road construction……

2.Efforts must be made to promote mutual recognition and enforcement of arbitral awards with countries along the Belt and Road that have not yet ratified the New York Convention.

3.Possible ways should be explored to improve judicial review procedures, establish uniform judicial review criteria and back up arbitration development in respect of revoking and refusing to enforce arbitral awards with foreign elements, or with Hong Kong SAR, Macao SAR or Taiwan elements, as well as non-recognition and non-enforcement mechanisms of foreign arbitral awards.

4.The working mechanism for centralized judicial review of commercial and maritime arbitration cases shall be implemented to ensure the uniform standards for judicial review of commercial and maritime arbitration.

5.There should also be exploration of more ways and means for judicial authorities to fully support international dispute resolution mechanism in trade and investment…… and to support the settlement of the arbitration disputes related to the construction of the Belt and Road.

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