Tue, 17 Sep 2024 China Legal Trends CJO Staff Contributors Team
In July 2024, China's Supreme People's Court (SPC) issued its first batch of typical cases to illustrate the application of foreign laws, aiming to enhance the judiciary's understanding of its 2023 judicial interpretation on ascertainment of foreign law.
Wed, 14 Aug 2024 China Legal Trends CJO Staff Contributors Team
In April 2024, the Wuxi International Commercial Court marked its first anniversary by releasing typical cases that illustrate the ascertainment and application of foreign law in international commercial disputes.
Thu, 29 Feb 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, China’s Supreme People’s Court issued a judicial interpretation on the ascertainment of foreign law, providing comprehensive rules and procedures for Chinese courts, aiming to address difficulties faced in foreign-related trials and improve efficiency.
Wed, 25 Dec 2019 China Legal Trends Meng Yu 余萌
China's Supreme People's Court is trying to help Chinese judges better ascertain foreign law, and has established a one-stop platform for this purpose.
Wed, 21 Aug 2019 Insights Meng Yu 余萌
Courts in Shanghai are implementing a newly issued guidance on the ascertainment of foreign law, from which we can learn how Shanghai promotes a better mechanism for ascertaining foreign law.
Sun, 23 Dec 2018 Insights Guodong Du 杜国栋
China's Supreme People's Court (SPC) has been pushing all courts across the country to ascertain and apply foreign law as much as possible in the last three years.
Tue, 04 Sep 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
The post introduces one of the biggest difficulties encountered by Chinese courts in the trial of foreign-related civil and commercial cases: how to ascertain foreign law.
Sun, 25 Mar 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Chinese courts have long been perplexed by the problem of how to accurately ascertain and apply foreign law. There is a tendency to apply the lex fori, i.e., Chinese law, which is familiar to Chinese judges, on the grounds of failure to prove the foreign law, due to the fact that the judges lack convenient means in ascertainment.