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Second Group of Model Cases Involving Foreign-related Commercial and Maritime Mediation Issued by the Supreme People's Court
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最高法发布第二批涉外商事海事调解典型案例
[现行有效]
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【法宝引证码】
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| Second Group of Model Cases Involving Foreign-related Commercial and Maritime Mediation Issued by the Supreme People's Court | | 最高法发布第二批涉外商事海事调解典型案例 |
| (August 7, 2025) | | （2025年8月7日） |
| For the purposes of studying and implementing the important deployment of the Third Plenary Session of the 20th CPC Central Committee on strengthening the rule of law for foreign-related matters and implementing the deployment requirements of the Opinions of the CPC Central Committee on Strengthening Adjudication Work in the New Era for strengthening foreign-related adjudication work, the Supreme People's Court ("SPC") issued the second group of six model cases involving foreign-related commercial and maritime mediation today. These cases involve parties from eight countries including Singapore, Bangladesh, Uzbekistan, Turkey, Switzerland, the Marshall Islands, Cote d'Ivoire, and Chile. They have highlighted the Chinese courts' profound comprehension of the requirements of the times to serve and safeguard high-level opening-up, proactively promoted the efficient, harmonious, and substantive resolution of foreign-related commercial and maritime disputes, and created a strong momentum for the rule of law to jointly build the "Belt and Road" Initiative ("BRI") and promote the high-quality development of the marine economy. The cases present the following characteristics: | | 为深入学习贯彻党的二十届三中全会关于加强涉外法治建设的重大部署，贯彻落实《中共中央关于加强新时代审判工作的意见》关于加强涉外审判工作的部署要求，最高人民法院今天发布第二批6个涉外商事海事调解典型案例。这批案例涉及新加坡、孟加拉国、乌兹别克斯坦、土耳其、瑞士、马绍尔群岛、科特迪瓦、智利等8个国家当事人，彰显了中国法院深刻把握服务保障高水平对外开放的时代要求，积极推动涉外商事海事纠纷高效、和谐、实质性化解，为共建“一带一路”和推动海洋经济高质量发展注入强劲法治动能。具体呈现出以下几个特点： |
| I. Mediating disputes, promoting stability, and safeguarding win-win for all parties and escorting the sustainable and long-term development of the marine economy | | 一、调和促稳保障各方共赢，护航海洋经济行稳致远 |
| The ocean is a strategic location for high-quality development. General Secretary Xi Jinping stressed that "Advancing Chinese modernization requires promoting the high-quality development of marine economy and forging a Chinese path of leveraging marine resources to achieve strength," which sets new and higher requirements for the maritime trial work of the people's courts in the new era. The people's courts have applied the marine "Fengqiao Experience" in the new era, substantively resolved disputes, urged all parties to maintain long-term cooperation, and provided solid judicial backing for the development of the marine industry. In Case 1, the goods were found damaged when they were unloaded at the port of Valparaiso, Chile. The parties from Singapore, Turkey, and Chile waived the agreement on the jurisdiction of the flag state agreed on the back of the bill of lading and unanimously chose to file a lawsuit with the Dalian Maritime Court, showing, through their joint action, their expectation to and trust in the Chinese maritime justice . The Chinese court maximized the advantages of mediation, drove the parties to reach a settlement agreement and voluntarily perform the same in only three months upon several rounds of back-to-back communications, and built a bridge of cooperation for the foreign parties with the "oriental experience" of China's maritime justice. Case 2 involves a dispute over a contract for carriage of goods by sea arising from the purchase and export of frozen tilapia between [REDACTED] International Trading Company and Hainan [REDACTED] Fishery Company. After the goods were carried to the port of Abidjan, Cote d'Ivoire, they were detained for a long time and high container demurrage was incurred as no one picked up the goods. The Chinese court accurately grasped the interests and concerns of all parties and quickly facilitated the resolution of the dispute. The parties withdrew the appeal and the lawsuit filed in the trial of first instance. The efforts of the Chinese court have promoted the steady development of the industry chain and supply chain of fishery exports. | | 海洋是高质量发展的战略要地。习近平总书记强调：“推进中国式现代化必须推动海洋经济高质量发展，走出一条具有中国特色的向海图强之路。”这对新时代人民法院海事审判工作提出新的更高要求。人民法院运用新时代海上“枫桥经验”，实质化解矛盾，促成各方保持长远合作关系，为海洋产业发展提供了坚实的司法后盾。案例一中，外籍货轮在抵达智利瓦尔帕莱索港卸货时发现货损，新加坡、土耳其、智利三国当事人放弃提单背面条款约定的船旗国管辖协议，一致选择在大连海事法院诉讼，以共同行动表明对中国海事司法的期待和信任。法院充分发挥调解优势，通过多轮背对背沟通，仅用三个月即推动各方达成和解并自动履行，用中国海事司法的“东方经验”为外国当事人重新架起合作桥梁。案例二涉及某国际贸易公司与海南某渔业公司购买并出口冷冻罗非鱼引发的海上货物运输合同争议，货物运输到科特迪瓦阿比让港口后因无人提货，导致货物长期滞留而产生高额集装箱滞箱费。中国法院精准把握各方当事人利益关切点，快速促和解纷，各方当事人分别撤回上诉和一审起诉，促进渔业出口产业链和供应链稳定发展。 |
| II. Winning the high trust of foreign parties and making the "oriental experience" shine brightly in various countries and ports. | | 二、外籍当事人高度信任，东方经验在“多国多港”熠熠生辉 |
| From the carriage of goods by sea in which the goods arrived at the port of Valparaiso, Chile to the ship collision occurring at the port of Cigading, Indonesia, the foreign parties all voluntarily chose the Chinese maritime courts to resolve the disputes, which have demonstrated the high trust of the foreign parties in the Chinese courts. Case 3 is about a dispute over a ship collision occurring in foreign waters and the courts in several countries have jurisdiction. The parties unanimously chose the Ningbo Maritime Court to have jurisdiction and agreed to apply the Chinese law. For the first time, the Court innovatively introduced the protection and indemnity club for shipowners of a foreign country to participate in the mediation, which successfully resolved the difficult problem of compensation in a ship collision accident and urged both parties to reach a mediation agreement. Finally, Marshall Islands [REDACTED] Ship Management Company voluntarily paid the compensation in full amount. Mediation, the "beauty of the Orient," is blossoming on the "Silk Road Maritime Routes." | | 从抵达智利瓦尔帕莱索港的海上货物运输，到印度尼西亚芝格丁港口发生的船舶碰撞，外籍当事人均主动选择中国海事法院解决纠纷，彰显了外籍当事人对我国法院的高度信任。案例三是一起发生在国外海域的船舶碰撞纠纷，多个国家法院均具有管辖权，但当事双方协商一致选择宁波海事法院管辖并同意适用中国法。法院首次创新引入外国船东保赔协会参与调解，成功破解碰撞事故赔偿难题，促成双方达成调解协议，马绍尔群岛某船舶管理公司自动履行了全部款项。调解这一“东方之花”正在“丝路海运”航线上绚丽绽放。 |
| III. Innovating on the "one-stop" diversified dispute resolution mechanism and striking the harmonious chords of the times, "harmony, cooperation, and win-win" | | 三、创新“一站式”多元解纷机制，奏响“和合共赢”时代和音 |
| The diversified dispute resolution mechanism is an important carrier for upholding and developing the "Fengqiao Experience" in the new era. In the trials of foreign-related commercial and maritime cases, the people's courts have been constantly exploring the modes of resolving foreign-related disputes such as "linkage among litigation, arbitration, and mediation + auxiliary mediation by experts + industry guidance," innovating on and building a "one-stop" mechanism for resolving international commercial disputes, and writing the new paradigm of "clarifying rights and obligations and settling disputes" with judicial wisdom. Case 4 is about a dispute over a sales contract (He [REDACTED] (a Bangladeshi) and Chen [REDACTED]). The people's court pioneered the mode of "commercial mediation + auxiliary mediation playing a hub role," relied on the "one-stop" platform for linkage among litigation, arbitration, and mediation for resolution of foreign-related civil and commercial disputes, invited an expert from the Department of Commerce of the Guangxi Zhuang Autonomous Region to interpret policies and a mediator of Hong Kong residency to carry out synchronous joint mediation in different places by virtue of the "cloud court," and formed a new situation of dispute resolution under the joint mediation of "judge + commercial mediator + auxiliary mediator playing a hub role." Case 5 is about a dispute over a cross-border sales contract involving Uzbekistan. The people's court proactively adopted the diversified dispute resolution mechanism of "multi-language collaboration + digital empowerment + flexible mediation," conducted authorization and witness and online mediation through online video, effectively resolved the dispute in an efficient, convenient, and low-cost manner, and proactively provided judicial guarantee in the building of Xinjiang into the Eurasian Golden Corridor and a bridgehead of China's westward opening-up. Case 6 is about a dispute over the liquidation liability (Switzerland [REDACTED] Company v. Henan [REDACTED] Trading Company, Henan [REDACTED] Coal-fired Company, and others). The International Commercial Court of the SPC fully grasped the needs of the Chinese and foreign parties for continuous cooperation, innovated on the whole-chain mediation mode of "evidence exchange - identification of the issue - dynamic consultation - coordination and promotion," proactively avoided the risk of exchange rate fluctuation, urged the Chinese and foreign parties to shake hands and make peace in court and conclude a settlement agreement, resolved the dispute substantively, overcame the dilemma that "one case arises, cooperation terminates," and successfully resolved the cross-border dispute involving over ten million USD. | | 多元化纠纷解决机制是坚持和发展新时代“枫桥经验”的重要载体。人民法院在涉外商事海事审判工作中，不断探索“诉仲调衔接＋专家辅调＋行业指导”等涉外解纷模式，创新构建“一站式”国际商事纠纷解决机制，以司法智慧书写“定分止争”新范式。案例四是孟加拉国何某与陈某买卖合同纠纷，人民法院首创“商事调解＋行枢辅调”模式，依托涉外民商事纠纷诉仲调“一站式”联动解决平台，邀请广西壮族自治区商务厅专家解读政策，邀请香港调解员开展云上法庭异地同步联调，形成了“法官＋商事调解员＋行枢辅调员”三员共调的解纷新局面。案例五是一起涉乌兹别克斯坦的跨国买卖合同纠纷，人民法院积极运用“多语言协同＋数字化赋能＋柔性调解”多元化解机制，通过线上视频方式进行授权见证、在线调解，切实做到高效便捷低成本化解纠纷，积极为新疆打造亚欧黄金通道和中国向西开放桥头堡提供有力司法保障。案例六是一起涉及瑞士某公司与河南某贸易公司、河南某煤电公司等清算责任纠纷，最高人民法院国际商事法庭充分把握中外当事人继续合作的需求，创新“证据交换—焦点锁定—动态协商—协调推进”全链条调解模式，积极避免汇率波动风险，促成中外当事人当庭握手言和、签署和解协议，实质性化解纠纷，打破了“一案生、合作止”的困局，圆满解决超千万美元的跨国纠纷。 |
| The people's courts have continuously improved the quality and efficiency of foreign-related commercial and maritime trials, resolved a series of major and complex cross-border commercial and maritime disputes through mediation, effectively protected the legitimate rights and interests of Chinese and foreign parties, and enabled the traditional Chinese wisdom of "peaceful coexistence, and shared prospecrity" to spread across the sea and gradually make China a preferred place for international commercial dispute resolution. | | 人民法院持续提升涉外商事海事审判质效，通过调解化解了一系列重大复杂的跨国商事海事纠纷，有效维护中外当事人合法权益，让中华传统“和合共生、美美与共”的东方智慧漂洋过海，逐步将我国打造成为国际商事纠纷解决的优选地。 |
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