On July 10, 2024, the Supreme People’s Court released the first batch of typical cases concerning the ascertainment and application of foreign laws in foreign-related civil and commercial trials. These cases highlight the importance of such trials in enhancing China’s international judicial influence and improving the country’s business environment under the rule of law.

The five typical cases released involve common types of foreign-related civil and commercial disputes, including company capital contributions, sales contracts, guarantee contracts, multimodal transport contracts, and engineering supervision contracts. These cases involve laws from countries and regions such as the United States, the United Kingdom, Mexico, Tajikistan, and Hong Kong Special Administrative Region.

These typical cases provide important guidance and practical insights into the ascertainment and application of foreign laws in foreign-related civil and commercial trials. Firstly, the responsibility for ascertaining foreign laws has been clarified. Secondly, diverse methods have been employed to ascertain foreign laws. Thirdly, the rights of parties to fully express their opinions have been safeguarded. Lastly, the efficiency and accuracy of ascertaining foreign laws have been improved.

For details, please click the following link, with the Chinese version being official:

https://www.court.gov.cn/zixun/xiangqing/437691.html

(Source: The Supreme People’s Court of The People’s Republic of China)