Promulgation Date: 2018-6-27 Title: Provisions of the Supreme People’s Court on Several Issues concerning the Establishment of International Commercial Court Document Number:Fashi (2018) No. 11 Expiration date: Promulgating Entities:Supreme People's Court Source of text: http://www.court.gov.cn/fabu-xiangqing-104602.html Many thanks to Siyi LIN PhD candidate, Faculty of Law, The Chinese University of Hong Kong for submitting a translation of this document. It has been edited and modified to comply with site guidelines, and may be further modified through the use of this site. A copy of Siyi Lin's original translation may be viewed here.
For the purposes of trying international commercial cases in a fair and timely manner, protecting legitimate interests of Chinese and foreign parties equally, and creating a stable, fair, transparent, and convenient legal environment for international commercial transactions, serving and safeguarding the implementation of the ‘Belt and Road’ Initiative, the issues on establishing the International Commercial Court of the Supreme People’s Court are hereby set out as follows, according to the "Law of the People’s Republic of China on the Organization of the People’s Courts", the" Civil Procedure Law of the People’s Republic of China" and other laws in the light of the actual trial circumstances.
Article 1: The Supreme People’s Court establishes the International Commercial Court. The International Commercial Court is a permanent adjudication body of the Supreme People’s Court.
Article 2: The International Commercial Court accepts the following cases:
(1) International commercial cases of the first instance where the amount of subject matter exceeds RMB 300 million and the parties choose the jurisdiction of the Supreme People’s Court by an agreement according to Article 34 of the "Civil Procedure Law of the People’s Republic of China";
(2) First instance international commercial cases within the jurisdiction of a high people’s court, which the court finds should be heard by the Supreme People’s Court and the Supreme People’s Court permits;
(3) First instance international commercial cases having a major impact nationwide;
(4) Applications made in accordance with Article 14 of these Provisions for arbitration preservation, revocation or enforcement of international commercial arbitration rulings
(5) Other international commercial cases that the Supreme People’s Court finds shall be heard by the International Commercial Court.
Article 3: In any of the following circumstances, commercial cases may be designated as ‘international commercial cases’ as used in this Provisions:
(1) One or both of the parties are foreigners, stateless persons, foreign enterprises or organizations;
(2) The habitual residences of one or both parties are outside the territory of the People’s Republic of China;
(3) The subject matter is outside the territory of the People’s Republic of China;
(4) The legal facts generating, altering, or eliminating the commercial relationship happen outside the territory of the People’s Republic of China.
Article 4: Judges of the International Commercial Court are chosen by the Supreme People’s Court from senior judges who possess rich experience in trial work, are familiar with international treaties, international customs and international trade and investment practices, and have a good command of Chinese and English as working languages.
Article 5: The International Commercial Court's trial of cases is to be by a collegial panel composed of three or more judges.
Collegial panel case deliberations implement the principle of majority rule. Minority opinions may be indicated in the judgments.
Article 6: Preservation Rulings issued by the International Commercial Court may designate a lower people’s court to enforce the ruling.
Article 7: In the International Commercial Court's trial of cases, disputes on the application of substantive law is to be determined in accordance with the "Law of the People’s Republic of China on Choice of Law for Foreign-related Civil Relationships".
Where the parties choose the applicable law in accordance with the provisions of law, the International Commercial Court shall apply the law chosen by the parties.
Article 8: When the International Commercial Court tries a case that shall apply foreign law, it may be ascertained through the following channels:
(1) Provided by the parties;
(2) Provided by Chinese or foreign legal experts;
(3) Provided by institutions specialized in legal ascertainment services;
(4) Provided by the International Commercial Expert Committee;
(5) Provided by the central authority of a contracting party which concludes a treaty on judicial assistance with the People’s Republic of China;
(6) Provided by the embassy or consulate of the People’s Republic of China in that country;
(7) Provided by the embassy of that country in the People’s Republic of China;
(8) Other reasonable channels.
Foreign legal materials and expert opinions provided through the above channels shall be presented in court in accordance with provisions of law, and the opinions of all parties are to be fully heard.
Article 9: Where the evidence submitted by parties to the International Commercial Court is formed beyond the territory of the People’s Republic of China, the evidence shall be debated in court, regardless of whether of whether it has been notarized, authenticated or certified by other means.
Where the evidence materials provided are in English and the opposing parties agrees, it is not required to submit a Chinese translation.
Article 10: The investigation, collection and organization of debate of evidence by the International Commercial Court may be conducted by using the audio-visual transmission technology as well as other information network methods.
Article 11: The Supreme People’s Court establishes an International Commercial Expert Committee and chooses qualified international commercial mediation institutions and international commercial arbitration institutions to jointly create a dispute resolution platform incorporating mediation, arbitration and litigation with the International Commercial Court, forming a ‘one-stop’ international commercial dispute resolution mechanism.
The International Commercial Court supports parties' use of dispute resolution platforms organically linking mediation, arbitration and litigation, to select the methods they find appropriate to resolve international disputes.
Article 12: Within seven days of accepting a case, and upon the consent of the parties, the International Commercial Court may retain the a member of the International Commercial Expert Committee or an international commercial mediation institution to mediate a case.
Article 13: Where the parties reach a mediation agreement through mediation conducted by a member of the International Commercial Expert Committee or a selected international commercial mediation institution, the International Commercial Court may draft and issue a mediation document in accordance with law; and where the parties request the that a judgment be issued, the International Commercial Court may draft a judgement in accordance with the content of the mediation agreement and serve it on the parties.
Article 14: Where parties agree to select arbitration in an international commercial arbitration institution as provided for in Article 11, paragraph 1, of these Provisions, they may apply to the International Commercial Court for the preservation of evidence, property or acts, either before or after the commencement of the arbitration procedures.
Where parties apply to the International Commercial Court for revocation or enforcement of arbitration decisions made by international commercial arbitration institutions provided for in the first paragraph of Article 11 of these Provisions, the International Commercial Court is to conduct a review in accordance with the Civil Procedure Law of the People’s Republic of China and other relevant legal provisions.
Article 15: Judgments and rulings made by the International Commercial Court are legally effective judgments and rulings.
Mediation documents issued by the International Commercial Court have the same legal effect as judgments upon being signed and received by the parties of both sides.
Article 16: Regarding effective judgments, rulings and mediation documents issued by the International Commercial Court, parties may apply for retrial to the main office of the Supreme People’s Court in accordance with the provisions of the Civil Procedure Law of the People’s Republic of China.
The Supreme People's Court home office's acceptance of requests for retrial from the preceding paragraph, as well as retrial cases, shall all have a separate collegial panel formed.
Article 17: Parties may apply to the International Criminal court for enforcement of effective judgments, rulings and mediation documents issued by the International Commercial Court.
Article 18: The International Commercial Court facilitates litigation for litigation participants through the electronic litigation services platforms, the trial process information disclosure platform, and other litigation services platforms; and supports online methods of case filing, fee payment, reading case files, exchanging evidence, service of documents, and holding in-court proceedings.
Article 19: These Provisions are to be implemented from July 1, 2018.