Fifth Group of Model Cases Involving the "Belt and Road" Initiative Issued by the Supreme People's Court

Fifth Group of Model Cases Involving the "Belt and Road" Initiative Issued by the Supreme People's Court [Effective]

最高法发布第五批涉“一带一路”建设典型案例 [现行有效]

【法宝引证码】

Issuing authority： Supreme People's Court
Date issued： 09-25-2025
Effective date: 09-25-2025
Level of Authority: Working Documents of the Supreme People's Court and the Supreme People's Procuratorate
Area of Law:Civil Litigation


Fifth Group of Model Cases Involving the "Belt and Road" Initiative Issued by the Supreme People's Court		最高法发布第五批涉“一带一路”建设典型案例
(September 25, 2025)		（2025年9月25日）
On September 25, 2025, the Supreme People's Court (SPC) held a press conference to issue the Opinions of the Supreme People's Court on Promoting the High-Quality Development of International Commercial Courts to Provide Services and Safeguards for High-Standard Opening-up and the fifth group of model cases involving the "Belt and Road" Initiative and answered questions from the press. Attending the press conference were Wang Shumei, full-time member at the deputy ministerial level of the Adjudication Committee of the SPC, Shen Hongyu, Chief Judge of the Fourth Civil Court of the SPC; Wang Haifeng, Deputy Chief Judge of the Fourth Civil Court of the SPC; and Ren Longfei, Director of the Coordination and Guidance Office of the International Commercial Court of the Fourth Civil Court of the SPC. The press conference was hosted by Ji Zhongbiao, Deputy Director of the Information Department of the SPC. At the press conference, Shen Hongyu issued the fifth group of model cases involving the "Belt and Road" Initiative.		2025年9月25日，最高人民法院举行新闻发布会，发布《最高人民法院关于推进国际商事法庭高质量发展服务保障高水平对外开放的意见》及第五批涉“一带一路”建设典型案例，并回答记者提问。最高人民法院审判委员会副部级专职委员王淑梅、最高人民法院民四庭庭长沈红雨、最高人民法院民四庭副庭长王海峰、最高人民法院民四庭国际商事法庭协调指导办公室主任龙飞出席发布会。发布会由最高人民法院新闻局副局长姬忠彪主持。发布会上，最高人民法院民四庭庭长沈红雨发布了第五批涉“一带一路”建设典型案例。
For the purpose of facilitating more comprehensive and in-depth comprehension of the specific role of international commercial courts in serving and safeguarding the high-quality development of the "Belt and Road" Initiative and high-level opening-up, the fifth group of model cases involving the "Belt and Road" Initiative was simultaneously issued today. These cases were selected from foreign-related civil and commercial cases with effective judgments submitted by the International Commercial Court of the SPC and the international commercial courts of local courts, covering cases involving independent guarantees, contracts for construction project in the "Belt and Road" Initiative, application for recognition and enforcement of civil and commercial judgments rendered by foreign courts, and applications for recognition and enforcement of foreign arbitral awards. These cases reflect the diversity of legal issues in the "Belt and Road" Initiative, clearly explain the principles and basis for application of law, provide clear guidance for legal issues in related fields, demonstrate China's positive attitude to strengthen international economic and trade cooperation and promote international judicial assistance, and are highly representative. They have the following specific features:		为便于大家更全面深入地了解国际商事法庭在服务保障共建“一带一路”高质量发展和高水平对外开放的具体情况，今天同时发布第五批涉“一带一路”建设典型案例。这些案例系从最高人民法院国际商事法庭和地方法院国际商事法庭报送的已生效涉外民商事案件中筛选，涵盖了独立保函、“一带一路”建设工程合同、申请承认和执行外国法院民商事判决、申请承认和执行外国仲裁裁决等案件类型，集中反映了“一带一路”建设中法律问题的多样性，清晰阐述了法律适用的原则和依据，不仅为相关领域法律问题提供了明确指引，更体现了我国加强国际经贸合作、推动国际司法协助的积极态度，具有较强的代表性。具体有如下几个方面的特点：
First, unifying the rules on the application of law and maintaining a fair and orderly market order. A business environment under the rule of law is the common expectation of Chinese and foreign commercial entities participating in the "Belt and Road" Initiative. In Case 1, the court clarified the adjudication rule that a standby letter of certificate (SBLC) with a guarantee function should be determined as an independent guarantee for the first time. It was clarified that the claim for reduction made by the beneficiary of the counter guarantee to the issuer of the counter guarantee based on its commercial arrangement with the relevant interested party was a partial claim amount voluntarily waived by the beneficiary of the counter guarantee, and did not constitute an independent guarantee fraud. This case is of positive significance for promoting cross-border financial transactions and stabilizing market expectations and market order.		一是统一法律适用规则，维护公平有序市场秩序。法治化营商环境是中外商事主体参与“一带一路”建设的共同期待。案例一首次明确具有担保功能的备用信用证应认定为独立保函的裁判规则，并明确反担保保函受益人基于其与相关利益方的商业安排，向反担保保函开立人提出的减额主张，属于反担保保函受益人自愿放弃的部分索赔金额，不构成独立保函欺诈，对于促进跨境金融交易、稳定市场预期和市场秩序，具有积极意义。
Second, adhering to equal protection according to the law and safeguarding the legitimate rights and interests of the parties to cross-border transactions. The Belt and Road Initiative construction projects involve a high amount of money, long construction periods, many participants, difficulties in cross-border evidence collection in project quality appraisals, and they also involve relevant laws and regulations of the countries where such projects are located, making them highly representative and complex cases in foreign-related trials. In Case 2, a cross-border appraisal was organized and carried out by skillfully utilizing judicial wisdom, adopting the appraisal methods combining overseas on-site inspection with domestic laboratory appraisal and inferring the overall quality level on the basis of the quality of partial photovoltaic modules, laying a solid foundation for the fair determination of facts of breach of contract and sharing of losses in disputes over construction contracts in the "Belt and Road" Initiative and providing an effective demonstration and path guidance for bridging technology gaps and breaking the deadlock in burden of proof. The people's court not only equally protected the legitimate rights and interests of Chinese and foreign parties, but also promptly and efficiently promoted the resolution of cross-border disputes, thereby enhancing the confidence of Chinese companies in "going global."		二是坚持依法平等保护，维护跨境交易当事人合法权益。“一带一路”建设工程的涉案金额高、建设周期长、参与主体多、工程质量鉴定跨境取证难，并涉及工程所在地国家的相关法律法规，是涉外审判中十分具有代表性的疑难复杂案件。案例二巧妙运用司法智慧，采取境外现场检测与国内实验室鉴定相结合、以部分推及整体质量水平的鉴定方式，组织开展跨境鉴定，为公正认定“一带一路”建设工程合同纠纷中违约事实与损失分担奠定了良好的基础，对跨越技术鸿沟和破解举证僵局提供了有效的示范和路径指引，不仅平等保护中外当事人的合法权益，而且快速高效推进跨境纠纷的解决，增强了中国企业“走出去”的信心。
Third, deepening judicial cooperation and promoting legal ascertainment and mutual recognition of civil and commercial judgments. Deepening judicial cooperation is an important practice to promote the concept of "building a community with a shared future for mankind" in the field of the rule of law. In Case 3, in accordance with the Memorandum of Understanding on Cooperation on Legal Ascertainment between the Supreme People's Court of the People's Republic of China and the Supreme Court of the Republic of Singapore, the procedure for mutually requesting legal ascertainment between the courts of the two countries was initiated for the first time, which not only ensured the efficient and orderly legal ascertainment, but also effectively guaranteed the accuracy and authority of the results of legal ascertainment. On the basis of ascertaining the legal effect of a default judgment rendered by a Singaporean court, the people's court determined that there was a reciprocal consensus between China and Singapore in accordance with the Memorandum of Guidance on the Recognition and Enforcement of Money Judgments of Commercial Cases signed by the Supreme People's Court of China and the Supreme Court of Singapore, and thus recognized and enforced the civil judgment involved rendered by the Singaporean court under the principle of reciprocity. This case is of positive significance for deepening judicial assistance, exchanges and cooperation between the two countries, promoting the development of friendly relations, and jointly advancing the "Belt and Road" Initiative.		三是深化司法合作，推动法律查明和民商事裁判互认。深化司法合作是推动“构建人类命运共同体”理念在法治领域的重要实践。案例三依据《中华人民共和国最高人民法院与新加坡共和国最高法院关于法律查明问题的合作谅解备忘录》，首次启动两国法院之间相互请求查明法律的程序，不仅确保了法律查明高效有序，而且有力保证法律查明结果的准确性和权威性。人民法院在查明新加坡法院缺席判决的法律效力基础上，依据中新两国最高法院签署的《关于承认和执行商事案件金钱判决的指导备忘录》，认定中新两国存在互惠共识，进而依据互惠原则承认和执行了案涉新加坡法院民事判决，对深化两国司法协助与交流合作、促进友好关系发展、共同推进“一带一路”建设具有积极意义。
Fourth, abiding by international treaty obligations and building a full-chain substantive dispute resolution model. It is the judicial position consistently held by Chinese courts to interpret international treaties in good faith and abide by the international treaty obligations. Case 4 involved an application for recognition and enforcement of an arbitral award made by the Mongolia International Arbitration Center and the application of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (hereinafter referred to as the “New York Convention”) and the Treaty between the People's Republic of China and the Republic of Mongolia on Judicial Assistance in Civil and Commercial Matters (hereinafter referred to as the “China-Mongolia Bilateral Treaty on Judicial Assistance”). On the basis of the rules on treaty interpretation, the court specified that “competent authorities” involved in the China-Mongolia Bilateral Treaty on Judicial Assistance did not include arbitration institutions and thus this case should be reviewed in accordance with the New York Convention, thereby clarifying the relationship between the New York Convention and the bilateral treaty on judicial assistance. In Case 5, the concept of "facilitating the enforcement of an arbitral award" under the New York Convention was put into practice, a ruling was rendered in court in an efficient and prompt manner in accordance with the New York Convention, and the arbitral award made by the Russia Commercial Arbitration Court was recognized and enforced. After the court rendered a ruling, it also issued a pre-enforcement notice of urging fulfillment of obligations, achieving an organic connection with pre-enforcement mediation, prompting the reaching and performance of a settlement agreement by the Chinese and foreign parties, and thereby forming a full-chain international trade dispute resolution model and providing a practical model for the international commercial dispute settlement mechanism in the "Belt and Road" Initiative.		四是恪守国际条约义务，构建全链条实质解纷模式。善意解释国际条约、恪守国际公约义务是中国法院一贯坚持的司法立场。案例四系申请承认和执行蒙古国国际仲裁中心作出的仲裁裁决案件，同时涉及《承认及执行外国仲裁裁决公约》（以下简称《纽约公约》）和《中华人民共和国和蒙古人民共和国关于民事和刑事司法协助的条约》（以下简称《中蒙双边司法协助条约》）的适用问题。法院根据条约解释规则，明确《中蒙双边司法协助条约》所涉“主管机关”不包含仲裁机构，故本案应当依据《纽约公约》进行审查，从而厘清了《纽约公约》和双边司法协助条约的关系。案例五践行《纽约公约》“有利于仲裁执行”的理念，依据《纽约公约》高效快捷当庭作出裁定，对俄罗斯商事仲裁院作出的仲裁裁决予以承认和执行。法院作出裁定后，又出具执前督促履行义务通知书，实现与执前调解的有机衔接，促使中外当事人达成和解协议并履行，从而构建全链条国际商贸纠纷解决模式，为“一带一路”国际商事争端解决机制提供了实践范本。
The issuance of the Fifth Group of Model Cases involving the "Belt and Road" Initiative is an important measure for the people's courts to carry out the Opinions of the CPC Central Committee on Strengthening Adjudication Work in the New Era, implement the strategy of high-quality foreign-related trials in an in-depth manner, and promote services and guarantees for high-quality Belt and Road cooperation. It reflects the determination of the people's courts to drive innovation on foreign-related adjudication rules, promote international commercial and trade exchanges, and strengthen international rule of law cooperation through judicial practice. We hope that the issuance of these model cases will provide exemplary guidance for courts at all levels in fairly and efficiently trying cases involving the "Belt and Road" Initiative and China's judicial wisdom will offer rule guidelines for the "Belt and Road" Initiative and inject new momentum into the rule of law for promoting the construction of a fairer, more open, and more inclusive new international economic order.		第五批涉“一带一路”建设典型案例，是人民法院贯彻《中共中央关于加强新时代审判工作的意见》，深入实施涉外审判精品战略，推动服务保障高质量共建“一带一路”的重要举措，体现了人民法院通过司法实践推动涉外审判规则创新、促进国际商事贸易往来、加强国际法治合作的决心。我们希望此次典型案例的发布不仅能够为各级法院公正高效审理涉“一带一路”建设案件提供示范指导，同时更加希望以中国司法智慧为共建“一带一路”提供规则指引，为推动构建更加公平、更加开放、更加包容的国际经济新秩序注入法治新动能。
Fifth Group of Model Cases Involving the "Belt and Road" Initiative		第五批涉“一带一路”建设典型案例
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