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Provisions of the Supreme People’s Court on Several Issues Regarding the Establishment of the International Commercial Court

From: 最高人民法院网         Updated: 2018-06-27

"Provisions of the Supreme People’s Court on Several Issues Regarding the Establishment of the International Commercial Court," adopted at the 1743rd meeting of the Adjudication Committee of the Supreme People's Court on June 25, 2018, is now released, and is effective from July 1, 2018.



The Supreme People’s Court

June 27, 2018


Judicial Interpretation of the Supreme People’s Court of the People’s Republic of China

Fa Shi [2018] 11 


Provisions of the Supreme People’s Court on Several Issues Regarding the Establishment of the International Commercial Court

(Adopted at the 1743rd meeting of the Adjudication Committee of the Supreme People's Court on June 25, 2018, effective from July 1, 2018)


To try international commercial cases fairly and timely in accordance with the law, protect the lawful rights and interests of the Chinese and foreign parties equally, create a stable, fair, transparent, and convenient rule of law international business environment, provide services and protection for the "Belt & Road" construction, according to the Law on Organization  of the People’s Courts of the People’s Republic of China, the Civil Procedure Law of the People’s Republic of China and other laws, in light of judicial practice, provisions concerning issues related to the establishment of the International Commercial Court of the Supreme People’s Court are set out below:


Article 1.  The Supreme People’s Court establishes the International Commercial Court. The International Commercial Court is a permanent adjudication organ of the Supreme People’s Court.


Article 2. The International Commercial Court accepts the following cases:

(1)First instance international commercial cases in which the parties have chosen the jurisdiction of the Supreme People’s Court according to Article 34 of the Civil Procedure Law, with an amount in dispute of at least 300,000,000 Chinese yuan;

(2)First instance international commercial cases which are subject to the jurisdiction of the higher people’s courts who nonetheless consider that the cases should be tried by the Supreme People’s Court for which permission has been obtained;

(3)First instance international commercial cases that have a nationwide significant impact;

(4)Cases involving applications for preservation measures in arbitration, for setting aside or enforcement of international commercial arbitration awards according to Article 14 of these Provisions;

(5)Other international commercial cases that the Supreme People’s Court considers appropriate to be tried by the International Commercial Court.


Article 3. A commercial case with one of the following situations can be regarded as an international commercial case under these Provisions:

(a)one or both parties are foreigners, stateless persons, foreign enterprises or other organizations;

(b)one or both parties have their habitual residence outside the territory of the People’s Republic of China;

(c)the object in dispute is outside the territory of the People’s Republic of China;

(d)legal facts that create, change, or terminate the commercial relationship have taken place outside the territory of the People’s Republic of China.


Article 4. Judges of the International Commercial Court shall be selected and appointed by the Supreme People’s Court from the senior judges who are experienced in trial work, familiar with international treaties, international usages, and international trade and investment practices, and capable of using Chinese and English proficiently as working languages. 


Article 5. Cases tried by the International Commercial Court shall be heard by a collegial panel consisting of three or more judges.  

When deliberating cases, the collegial panel follows the rule of majority. Minority opinion can be specified in the judgment or ruling. 


Article 6. The International Commercial Court may designate a lower people’s court to enforce the preservation ruling it has made.


Article 7. In the trial of cases by the International Commercial Court, the applicable law of the substantive dispute shall be determined in accordance with the provisions of the Law of the People's Republic of China on the Laws Applicable to Foreign-related Civil Relations.

In case the parties have chosen the applicable law by agreement in accordance with the law, the law chosen by the parties shall be applied.


Article 8.  When the International Commercial Court applies foreign law in trying a case, it may find law in the following ways:

(1) provided by the parties;

(2) provided by the legal expert from China or abroad;

(3) provided by the institution rendering law finding services;

(4) provided by the member of the International Commercial Expert Committee;

(5) provided by the central authority of the other contracting party that has entered into a judicial assistance treaty with China;

(6) provided by the Chinese Embassy or Consulate in  the relevant country;

(7) provided by the Embassy of  the relevant country in China;

(8) other reasonable ways to find foreign law.

The materials and expert opinions on foreign law provided in one or more of the above ways shall be presented during the hearing in accordance with the law and the parties shall be afforded a full opportunity to be heard.


Article 9. When parties submit the evidentiary materials to the International Commercial Court that came into being outside the territory of the People's Republic of China, regardless of whether they have been notarized,  authenticatedor otherwise formally certified, they shall be cross-examined during the court hearing.

In case the evidentiary materials submitted by a party is in English, a Chinese translation may not be accompanied upon the opposing party's consent.


Article 10. Audio-visual transmission technology and other information networking methods may be applied by the International Commercial Court in the investigation and taking of evidence as well as the organization of cross examination. 


Article 11. The Supreme People’s Court will set up an International Commercial Expert Committee and select international commercial mediation institutions and international commercial arbitration institutions that meet certain conditions to build up together with the International Commercial Court a dispute resolution platformon which mediation, arbitration, and litigation are efficiently linked,  thereby creating a "one-stop" international commercial dispute resolution mechanism.

The International Commercial Court supports parties to settle their international commercial disputes by choosing the approach they consider appropriate through the dispute resolution platform on which mediation, arbitration and litigation are efficiently linked.


Article 12. The International Commercial Court may, within seven days after accepting a case and with the consent of the parties,  entrust the member of the International Commercial Expert Committee or the international commercial mediation institution to mediate the dispute.


Article 13. The International Commercial Court may issue a conciliation statement in accordance with the law after the parties have reached a mediation agreement following mediation conducted by the member of the International Commercial Expert Committee or the international commercial mediation institution.If the parties request a judgment, the International Commercial Courtmay make a judgment based on the mediation agreement and serve the parties with the judgment.


Article 14. Wherethe parties agree to submit their dispute to arbitration by an international commercial arbitration institution under Article 11 paragraph 1 of these Provisions, they may apply to the International Commercial Court for a ruling on the preservation of property, evidence or conduct before or after the arbitration proceeding commences.

Where a party makes an application to the International Commercial Court for setting aside or enforcement of an arbitral award rendered by an international commercial arbitration institution under Article 11 paragraph 1 of these Provisions, the International Commercial Court shall review the application in accordance with provisions of the Civil Procedure Law and other related legal provisions.


Article 15. Ajudgmentor ruling made by the International Commercial Courtisa legally effective judgment or ruling.

A conciliation statement made by the International Commercial Court shall have the same legal effect as of a judgment after its receipt signed by the parties.


Article 16. Parties may, in accordance with the provisions of the Civil Procedure Law,apply to the main body of the Supreme People’s Court for a retrial of a legally effective judgment, ruling or conciliation statement made by the International Commercial Court. 

The main body of the Supreme People's Court shall constitute a new collegial panel respectively for the review of the application for a retrial and for conducting the retrial. 


Article 17.  Parties may apply to the International Commercial Court for the enforcement of a legally effective judgment, ruling or conciliation statement made by the International Commercial Court.


Article 18. The International Commercial Court provides litigation convenience to the parties with its Electronic Litigation Service Platform, the Litigation Process Open Information Platform, and other litigation service platforms, and it supports online case registration, fee payment, review of files, exchange of evidence, service of process, court hearings, etc.  


Article 19. These Provisions will be effective from July 1, 2018.


 

*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.