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SPC Releases Guideline on Courts to Facilitate Opening-up
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Chinese
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Category：Legislative Updates
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Subject：Legal system
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Keywords：SPC; international commercial disputes
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Source：Pkulaw
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Publish Date：09-29-2020
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On September 25, 2020, the Supreme People's Court (SPC) issued the Guideline on the Legal Services Provided by the People's Courts to Add Impetus to Further Opening-up.
The Guideline highlights the improvement of one-stop resolution mechanism of international commercial disputes. Efforts should be made to further the development of the China International Commercial Court of the SPC and optimize the case handling procedures and working mechanisms, and the litigant parties should be encouraged and respected to reach an agreement on the selection of the jurisdiction of an international commercial court. The panel of experts for the top court's International Commercial Expert Committee will be broadened and the role of the Committee will be given a full play. The Guideline also calls for participation of well-known overseas commercial arbitration or mediation institutions in China's one-stop resolution mechanism of international commercial disputes, so as to speed up the construction of demonstration zone for the “Belt and Road” international commercial legal services.
Moreover, the Guideline urges the establishment of system of rules on the application of foreign-related laws. While precisely applying international treaties, conventions and applicable laws, people's courts should standardize the rules on the ascertainment and application of overseas laws, so as to enhance their ability to ascertain and apply the overseas laws. The courts should effectively implement the Civil Code and make improvements to related judicial interpretations in order to ensure the precise application of the laws and regulations on foreign investment as well as their judicial interpretations and protect the legitimate rights and interests of both Chinese and foreign investors in accordance with the law. Furthermore, in order to improve the international economic and trade rules, the Guideline urges the courts to speed up the revisions of domestic commercial and maritime laws such as the Arbitration Law, the Maritime Law and the Special Maritime Procedure Law, and to actively participate in the formulation of international rules and standards for financing, trade and other sectors.
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