Law

The Supreme People's Court releases the third batch of typical cases of foreign-related commercial and maritime mediation

2026-04-17   

On the 16th, the Supreme People's Court released the third batch of typical cases of foreign-related commercial and maritime mediation, covering multiple fields such as cross-border investment, equity transfer, purchase and sale contracts, ship operation management, maritime rescue, recognition and enforcement of foreign-related arbitration awards, etc. Adhere to equal protection and promote the resolution of disputes. In a case involving investment disputes between shareholders, directors, and other parties from China and South Korea, the People's Court adhered to the principle of equal protection of the legitimate rights and interests of Chinese and foreign parties, conducted in-depth analysis of the root causes of the disputes between the two parties, comprehensively clarified the facts and legal relationship of the case, and relied on the circuit trial mechanism to efficiently resolve disputes. The "one package" resolution of cross-border cooperation disputes over the past decade has been achieved, achieving "one case resolution, multiple cases resolution" and promoting substantive resolution of foreign-related commercial disputes. In mediating international commercial disputes, it is often necessary for foreign-related judges to accurately apply international treaties, international conventions, and foreign laws, rely on professional appraisal to clarify facts, and find the "optimal solution" to settle disputes. In a case of recognition and enforcement of a foreign arbitration award, a Fujian company was found to have quality issues with the supply of 500 tons of Peruvian crude fish oil. The International Oil, Oilseeds and Fats Association (FOSFA) ruled that it must compensate a Danish company. The People's Court accurately applies the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, clarifies the arbitration laws of the United Kingdom, and actively promotes the transition from "compulsory enforcement" to "handshake and reconciliation" between the two parties. In addition, in response to the special nature of maritime cases involving shipping and cross sea areas, maritime courts rely on the achievements of smart court construction to innovate maritime mediation methods and improve dispute resolution efficiency. In a foreign-related maritime rescue dispute case, the maritime court relied on the "one-stop" diversified dispute resolution mechanism on the water, jointly formed a professional mediation team with the maritime department, and provided bilingual services to break down communication barriers; By utilizing the "one network, one database" digital judicial resources, the legal dispute points of the case were accurately clarified, ultimately leading to a settlement between the two parties. The Portuguese shipowner paid the rescue fee in one lump sum, and the dispute was quickly and substantively resolved. (New Society)

Edit:Yingying Responsible editor:Yiyi

Source:people.com.cn

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