Decision of the Supreme People’s Court of China on Amending the Provisions of the Supreme People’s Court on Several Issues Regarding the Establishment of the International Commercial Court
From: CICC Updated: 2024-10-22
(Adopted at the 1908th meeting of the Adjudication Committee of the Supreme People's Court on December 5, 2023, effective from January 1, 2024)
In accordance with the relevant provisions of the Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedural Law of the People's Republic of China, which was reviewed and adopted at the fifth meeting of the Standing Committee of the Fourteenth National People's Congress, the Provisions of the Supreme People's Court on Several Issues Regarding the Establishment of the International Commercial Court are amended as follows:
1. Paragraph 1 of Article 2 is amended as follows: “(1) first instance international commercial cases in which the parties have chosen the jurisdiction of the Supreme People's Court according to Article 277 of the Civil Procedure Law, with an amount in dispute of at least RMB 300 million;”
2. The first paragraph of Article 8 is amended as follows: “When the International Commercial Court applies foreign law in trying a case, it may ascertain law in the following ways:
(1) provided by the parties;
(2) provided by the central authority or responsible authority of the foreign jurisdiction through judicial assistance;
(3) provided as the Supreme People’s Court requests the Chinese Embassy or Consulate in the relevant country or requests the Embassy of the relevant country in China;
(4) provided by the institutions rendering law ascertainment services established or participated in by the Supreme People's Court;
(5) provided by the member of the International Commercial Expert Committee;
(6) provided by the law-ascertainment service institutions or legal experts from China or abroad;
(7) other reasonable ways.”
This decision will come into effect from January 1, 2024.
*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.