China's Supreme Court made a final judgment applying HCCH 1965 Service Convention to serve a Japanese litigant by post in 2019, under the situation where the government of Japan opposed to postal service but the Japanese litigant agreed to accept it.
International Civil Litigation in China
China's Supreme Court issued the Guiding Opinions on the Service and Safeguard of the People's Court for the Further Opening-up in September 2020, indicating its readiness to participate in the global competition of the cross-border dispute resolution market.
Judge Shen Hongyu of China's Supreme People's Court (SPC) talked about the SPC's response to the COVID-19 pandemic in Nov. 2020, and introduced cross-border dispute resolution in the post-pandemic era.
Samming Intermediate Court in Fujian rendered a first-instance judgment on the case of returning the Buddha statue with the mummified body of Zhanggong Zushi.
What Role has Private International Law Played?
In Chinese judicial practices, unless the jurisdictional clause clearly stipulates that is "non-exclusive", it is more likely that the agreement of jurisdiction would be deemed as "exclusive".
Not so easy to answer. China's Supreme Court Justice Song Jianli (宋建立) provides his views by discussing the possible impacts of the Convention on China.
China's Supreme Court Judge Gao Xiaoli (高晓力) gave a speech titled "Exploration and Innovation of the One-stop Diversified Settlement Mechanism of International Commercial Disputes of the Supreme People's Court" in November 2019.
Hainan's newly-established First and Second Foreign-related Civil and Commercial Tribunals marks China's first step towards a more centralized administration system on international cases.
What is International Civil Litigation in China? We will discuss the approach to identifying a foreign-related case: the three-element test, and the case of Beijing Chaolai.