On 8 June 2017, the 2nd China-ASEAN Justices Forum was held in Nanning, Guangxi Zhuang Autonomous Region, China. The forum was sponsored by the Supreme People's Court of the People's Republic of China and hosted by the High People's Court of Guangxi Zhuang Autonomous Region. Mr. Zhou Qiang, Chief Justice of the People's Republic of China and President of the Supreme People's Court, Mr. You Ottara, Deputy President of the Supreme Court of the Kingdom of Cambodia, Mr. Takdir Rahmadi, Deputy Chief Justice of the Supreme Court of the Republic of Indonesia, Mr. Khamphanh Sithidampha, President of the Supreme People's Court of the Lao People's Democratic Republic, Mr. Tan Sri Richard Malanjum, Federal Court Judge of Malaysia and Chief Judge of Sabah and Sarawak (East Malaysia), Mr. Hkun Htun Oo, Chief Justice of the Republic of the Union of Myanmar, Mr. Andres Reyes, Presiding Justice of the Court of Appeal of the Republic of the Philippines, Mr. Chong Horng Siong, Judge of the Supreme Court of Appeal of the Republic of Singapore, Mr. Veerapol Tungsuwan, President of the Supreme Court of the Kingdom of Thailand and Mr. Nguyen Van Du, Deputy Chief Judge of the Supreme People's Court of the Socialist Republic of Vietnam respectively led a delegation to attend the forum and presented a special speech. Mr. AKP Mochtan, Deputy Secretary-General of ASEAN, also attended the forum. As the special guests invited by China, Mr. Yousuf Halim, Chief Justice of the Islamic Republic of Afghanistan, Mr. Hasan Foez Siddique, Justice of the Supreme Court of the People’s Republic of Bangladesh, Mr. Hari Krishna Karki, Justice of the Supreme Court of Nepal, Mr. Mian Saqib Nisar, Chief Justice of the Islamic Republic of Pakistan and Mr. Priyasath Dep, Chief Justice of the Democratic Socialist Republic of Sri Lanka led a delegation each to attend the forum and delivered a special speech.

In a friendly, pragmatic and constructive atmosphere, the participants and special guests extensively exchanged ideas regarding “justice and regional judicial cooperation in the Internet era,” especially informatization of court duties, the Internet and judicial disclosure, coordination and integration of commercial laws of various countries in the region, the establishment of a cross-border dispute resolution mechanism and the development of international judicial assistance within the area, which built the solid foundation for further connection and cooperation. The meeting believed in the importance of establishing a sustained relation for communication and cooperation among courts in China, ASEAN countries and South Asian nations, and reached the following consensus:

1.The meeting highly appreciated the various communication and cooperation between China and ASEAN countries according to the Nanning Declaration since the first China-ASEAN Justice Forum, such as high-level visits, information exchange, and training of judges. The participating countries will further strengthen exchange and cooperation among courts in China, ASEAN countries and South Asian nations.

2.The participating countries noted that the number of trade and people travelling among China, ASEAN countries and South Asian nations have been increased since the promotion of "the Belt and Road," thus the demand for judicial cooperation has been more and more continuously.

3.The Supreme Courts of the participating countries have been all highly valuing and following the trend of the information age. They have committed themselves to using information technology to improve judicial levels within their own national capabilities and conditions, so as to resolve disputes effectively for justice and fairness. The Forum supports countries in expanding the application of information technology in the judicial field to disclose and improve efficiency of court duties for public well-being.

4.Judicial disclosure is an important way to promote justice and improve judicial standards. The Supreme Courts of the participating countries will keep promoting judicial disclosure and credibility in accordance with internationally accepted rules and practices, as well as the actual situation of each country. At the same time, the participating countries will also focus on protecting personal information and privacy, national security and public interest.

5.With the improving level of transnational business and investment in the region, the need to explore coordination and integration of national commercial laws has become more and more urgent. Within the scope permitted by the law in China, the Supreme Courts of the participating countries will consider the research and communication of different laws among countries to eliminate conflicts between commercial laws and maximize the coordination and complementarity of national commercial laws.

6.Improving the cross-border dispute resolution mechanism is important to the formation of a harmonious and orderly legal environment for economic and trade investment within the region. Within the scope permitted by the law in China, the courts of participating countries will actively consider the attempts and applications of their mediation and other alternative dispute resolution mechanisms in China.

7.Cross-border transactions and investments in the region require the mechanism of mutually recognizing and enforcing appropriate judgments as judicial guarantees. Within the scope permitted by the law in China, courts from participating countries will interpret their own laws to reduce unnecessary parallel litigation, and consider the appropriate promotion of mutual recognition and enforcement of civil and commercial judgments in different nations. In countries that have not yet concluded international treaties of recognizing and enforcing foreign civil and commercial judgments, if there is no precedent for refusing to recognize and enforce civil commercial judgments on the grounds of reciprocity in the judicial process of recognizing and enforcing the country’s civil and commercial judgments, within the scope permitted by the law in China, it can be presumed that there is a reciprocal relationship between each other.

8.The Supreme Court of the ASEAN countries supported the Supreme People's Court of China to establish the China-ASEAN National Justice Training Base and the China-ASEAN Legal and Judicial Information Center in Guangxi, China, and the China-ASEAN International Judicial Assistance Research Base in Yunnan, China, so as to promote a more close, pragmatic and efficient relation for judicial exchange and cooperation between courts in China and ASEAN countries.

The declaration was written in both Chinese and English and adopted in Nanning, China on 8 June 2017.

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第二届中国-东盟大法官论坛南宁声明

*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.