Abstract: Shanghai Qingpu Court issued the "White Paper on Commercial Trials involving Foreign, Hong Kong, Macao and Taiwan".
On the afternoon of October 20, the Shanghai Qingpu Court released the information on foreign-related, Hong Kong, Macao and Taiwan commercial trials. Data shows that as of 2021, the CIIE courts have accepted a total of 104 foreign-related, Hong Kong, Macao and Taiwan-related commercial cases, showing a steady and rising trend year by year.
On October 8, 2018, the Shanghai Qingpu Court established the CIIE Court to conduct intensive jurisdiction and centralized trial of commercial disputes involving foreign-related and foreign-invested enterprises. As of 2021, the CIIE courts have accepted a total of 104 foreign-related, Hong Kong, Macao and Taiwan-related commercial cases. The rate of dismissal of such cases has been steadily increasing year by year, with an average rate of close to 45%, and the rate of first-instance verdict is as high as 75.26%. The one-stop dispute resolution mechanism of “litigation, mediation, and arbitration” for foreign-related, Hong Kong, Macao and Taiwan-related commercial disputes is in its infancy. Effectiveness. Among the cases handled by
, there are as many as 30 kinds of cases, among which the three types of disputes of “ company law, , sales contracts and loans” are the most typical and account for the largest proportion. Other contract disputes are dominated by two types of disputes, namely "contract contracts and service contracts". These two types of foreign-related cases may also involve blogging and exhibitions, and the characteristics of the cases are overlapping.
In recent years, the field of cases has been continuously expanded, covering cross-border trade, investment, finance, securities and other fields, and the types of cases have become increasingly diversified, reflecting the continuous development of regional economic opening to the outside world. Foreign economic and trade methods such as transactions and cross-border investment have continued to expand and innovate.
released the "Shanghai Qingpu Court's White Paper on Commercial Trials Involving Foreign, Hong Kong, Macao and Taiwan" that pointed out that foreign-related, Hong Kong, Macao and Taiwan commercial cases have some notable features and difficulties, such as cases involving the "Belt and Road" and ASEAN countries. The increase is obvious. With the steady progress of the "One Belt, One Road" national strategy and the "Regional Comprehensive Economic Partnership Agreement", the number of foreign-related commercial disputes in Qingpu District is also increasing; foreign-related cases in the fields of finance and new technologies are also increasing. In addition to traditional commercial contract cases, foreign-related commercial cases in the financial field such as international syndicated loans and letter of credit fraud have begun to emerge. Such cases often have high litigation targets and difficult trials.
In response to the difficulties and characteristics of foreign-related service and offshore transaction risks in the trial of foreign-related, Hong Kong, Macao and Taiwan-related cases, the CIIE court has launched six major work measures, including leveraging the advantages of centralized jurisdiction, setting up a professional trial team; compiling similar cases Trial guidelines, strengthen judicial research and judgment; form a case cultivation mechanism, and use "cases" to speak; establish and improve a "litigation, mediation, and arbitration" one-stop dispute resolution mechanism, etc.
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