Since the release of the Belt and Road Initiative, the People’s Courts have insisted on the principle of “building and sharing”, fairness, efficiency and convenience, respect for the parties’ autonomy, and diversification of dispute resolution, and have achieved remarkable results in resolving disputes related to the Belt and Road construction. The Supreme People’s Court has released the fourth batch of guiding cases, including 12 typical cases involving various types of foreign related commercial disputes, such as international sale of goods, independent guarantee, letter of credit, auditing infringement indemnity, subrogation of insurers, financial derivatives transactions, legal service contracts, equity transfers, etc., as well as cases of recognizing and enforcing Hong Kong’s arbitral awards and recognizing and enforcing foreign civil judgments, all of which are the subject of the “Belt and Road” case. These are all common cases in the construction of the “Belt and Road”, and the legal disputes involved are highly representative. The People’s Courts’ clear responses to difficult and complex issues in the adjudication of these cases can also play a good guiding role in standardizing adjudication standards and improving adjudication rules.

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“Belt and Road” Relevant Representative Case Analysis

  • Ming Jing

摘要

Since the release of the Belt and Road Initiative, the People’s Courts have insisted on the principle of “building and sharing”, fairness, efficiency and convenience, respect for the parties’ autonomy, and diversification of dispute resolution, and have achieved remarkable results in resolving disputes related to the Belt and Road construction. The Supreme People’s Court has released the fourth batch of guiding cases, including 12 typical cases involving various types of foreign related commercial disputes, such as international sale of goods, independent guarantee, letter of credit, auditing infringement indemnity, subrogation of insurers, financial derivatives transactions, legal service contracts, equity transfers, etc., as well as cases of recognizing and enforcing Hong Kong’s arbitral awards and recognizing and enforcing foreign civil judgments, all of which are the subject of the “Belt and Road” case. These are all common cases in the construction of the “Belt and Road”, and the legal disputes involved are highly representative. The People’s Courts’ clear responses to difficult and complex issues in the adjudication of these cases can also play a good guiding role in standardizing adjudication standards and improving adjudication rules.