China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China’s Local Int'l Com. Court Unveils Typical Cases involving Foreign Law Cases

Wed, 14 Aug 2024
Categories: China Legal Trends

On 24 Apr. 2024, the Wuxi Intermediate People’s Court, Jiangsu, released a work report on the first anniversary of the establishment of the Wuxi International Commercial Court, along with typical cases involving the application of foreign law (in both Chinese and English).

Since its establishment, the Wuxi International Commercial Court has concluded 234 foreign-related commercial cases involving 38 countries and regions, with the amount in controversy of CNY 2.208 billion. Among them, contract and corporate disputes accounted for 93.1%.

The ten typical cases concern the ascertainment of foreign law in international commercial disputes. The court utilized various methods, including consultation with Chinese and foreign legal experts and online resources, to ascertain the laws of countries such as Singapore, Australia, Indonesia, and Germany, as well as international treaties.

In recent years, China’s Supreme People’s Court (SPC) has not only set up the First and Second International Commercial Courts (CICC) in Shenzhen and Xi’an but also supported the establishment of local international commercial courts in 12 regions with a high concentration of foreign-related cases, including Suzhou, Beijing, Chengdu, Xiamen, Changchun, Quanzhou, Wuxi, Nanning, Hangzhou, Ningbo, Nanjing, and Qingdao.

 

 

Photo by Joshua Fernandez on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

SPC Regulates Online Judicial Auctions

In November 2024, China’s Supreme People’s Court (SPC) issued new guidelines to regulate online judicial auctions, emphasizing transparency in property disclosures, enhanced mechanisms for judgment debtors to self-dispose of auctioned assets, and improved supervision across all auction stages to protect parties' rights and streamline enforcement procedures.

China’s First Tribunal-Ordered Interim Measure Issued in Beijing

In October 2024, an arbitral tribunal at the Beijing Arbitration Commission (BAC/BIAC) issued an interim measure based on the applicant’s request, which was later confirmed and enforced by the court through a preservation order. This is the first of its kind in China, confirming the validity of tribunal-issued interim measures and highlighting the pro-arbitration stance of Chinese courts.

SPC Releases IP Protection Cases in Seed Industry

In October 2024, China's Supreme People's Court (SPC) released key judicial protection cases to strengthen intellectual property rights in the seed industry, focusing on plant variety and breeding material disputes.

China Defines Rules for Calculating Trademark Infringement Gains

In October 2024, the China National Intellectual Property Administration (CNIPA) and the State Administration for Market Regulation (SAMR) jointly issued the “Measures for Calculating Illegal Business Revenue in Trademark Infringement Cases”, which provide detailed operational guidelines for trademark enforcement authorities to calculate illegal business revenue.

SPC Releases Typical Cases on Tourism Disputes

In September 2024, China's Supreme People's Court (SPC) released five typical tourism dispute cases, including health rights disputes caused by wild monkey attacks in Mount Emei, to guide courts in resolving common tourism conflicts and safeguarding tourists' legitimate rights and interests.

China Regulates Network Data Security

China's newly adopted “Regulation on Network Data Security Management”, effective January 1, 2025, seeks to standardize data processing, strengthen personal information protection, and tackle issues such as data security, risk assessments, and personalized profiling.

Beijing & Shanghai Unveil Low-Altitude Economy Plans

Beijing and Shanghai have announced plans to develop the low-altitude economy, aiming to grow the industry to CNY 100 billion and CNY 50 billion respectively by 2027, with a focus on aerial rescue, logistics, and passenger transport.

SPC Releases Typical Antitrust Cases

In September 2024, China's Supreme People's Court (SPC) published eight typical cases on antitrust and unfair competition, highlighting issues like price-fixing, market dominance abuse, and deceptive practices.