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Hongkou District People's Court Holds Circuit Trial at North Bund, Building New Highland for International Legal Services
[2025-08-18]

 

To fully promote the in-depth and solid implementation of the "Four-pronged Full Coverage" and proactively integrate foreign-related commercial trials into social governance based on regional strategic development positioning and demands, the Hongkou District People's Court of Shanghai (hereinafter referred to as Hongkou District People's Court) recently brought the judge hammer down for the first time at the North Bund International Legal Service Harbour (hereinafter referred to as North Bund International Legal Service Harbou) in Shanghai. Judge Wu Wenkun from the Commercial Division presided over a pre-trial conference in a foreign-related commission contract dispute case, engaging with both parties on core issues such as the identification of legal conflicts and the selection of applicable law. The Hongkou District Judicial Bureau of Shanghai (hereinafter referred to as Hongkou District Judicial Bureau), along with representatives of the Municipal and District People's Congresses, enterprises, and law firms, jointly observed the court proceedings.

This dispute arose from the investment "going down the drain": the Plaintiff, Qi, transferred CNY 20 million successively to the Defendant, entrusting him to invest in a robotics company, but failed to receive the corresponding investment returns as agreed. Although the robotics company was registered abroad, the case was brought before the Hongkou District People's Court because the payment occurred domestically, and all parties closely related to the case had their domiciles in Shanghai.

The pre-trial conference centered on determining the applicable law for the case. The plaintiff argued that the laws of the People's Republic of China should apply based on the domicile of the parties involved, while the defendant contended that as the investment subject, the applicable law should be the one most closely related to the performance of the commission contract, suggesting that the case should be tried under the laws of the British Virgin Islands. Following the pre-trial conference, Judge Wu Wenkun, in consultation with both parties, determined the content of the next trial, focusing on evidence submission and other related matters.

"In foreign-related cases, the judgment rules for the application of applicable law have the following characteristics..." Wu Wenkun also delivered an on-site "rule of law class" to the observers, focusing on the focal points of disputes and difficulties in legal application. He systematically explained relevant legal application issues, demonstrating the professionalism and standardization of foreign-related commercial trials. The enterprise representatives at the scene listened attentively and engaged in enthusiastic discussions, highlighting the effective integration of "trial observation" and "rule interpretation" through the circuit trial.

In recent years, Hongkou District has adhered to its strategic positioning as "a new benchmark for urban development in the new era" and has actively promoted the enhancement of regional legal functions and the concentration of legal services. The North Bund International Legal Service Harbour, located on the eighth floor of Sinar Mas Plaza, focuses on eight functional highlands and aims to create a comprehensive, one-stop, and shared legal service complex.

"Holding this foreign-related case for circuit trial at the North Bund International Legal Service Harbour is not only an active practice in participating in and promoting the improvement of the international commercial dispute resolution mechanism but also aims to further build a bridge for legal education interaction with enterprises in the jurisdiction through circuit trials, contributing judicial strength to optimizing the regional law-based business environment," said Shen Wenhong, head of the Commercial Division of Hongkou District People's Court.

"Today, by observing the trial process of foreign-related cases in person, I truly appreciate the professionalism of 'international style' trials! From the identification of legal conflicts to the selection of applicable laws, every step reflects the judge's precise grasp of the rules for foreign-related commercial trials. Especially the trial on the selection of the applicable law provides clearer guidance for our enterprise in handling cross-border contracts in the future," exclaimed Zou Ying, a representative of the Shanghai Municipal People's Congress, General Manager of the Technology Information Department, and Director of the Technology Center of Shanghai International Port (Group) Co., Ltd., who watched the entire trial on site.

The attraction of foreign-related commercial trials comes from the business entities’ perception of their credibility thereto. In recent years, the Hongkou District People's Court has continuously innovated judicial service measures and successively established the "North Bund Street Circuit Trial Division" and the "North Bund (Foreign-related) Commercial Trial Studio", aiming to continuously create a preferred forum for resolving foreign-related commercial disputes and provide high-quality foreign-related legal supply. The introduction of circuit trials into the North Bund International Legal Service Harbour represents another innovative practice in the regional development of judicial services.

After the hearing, to further facilitate the participation of domestic and foreign enterprises in litigation, Hongkou District People's Court distributed the Handbook of Procedural Cases for Foreign-related Commercial Cases to the enterprises. The Handbook provides a systematic analysis on procedural points such as jurisdiction, arbitration connection, and evidence rules for foreign-related cases. It provides a "reference guide" for practical resolution of foreign-related commercial dispute and clear guidance for domestic and foreign enterprises to deal with foreign-related commercial disputes, through in-depth analysis of ten typical foreign-related cases. At the event, Ye Weiwei, President of Hongkou District People's Court, and Wang Lin, Director General of Hongkou District Judicial Bureau, jointly distributed Handbooks to the representatives of participating enterprises, providing them with practical tools to prevent legal risks.

The proactive entry of foreign-related commercial trial services into the North Bund International Legal Service Harbour timely meets the new demands of regional development. "The demand for foreign-related judicial services is presenting new characteristics of 'professionalization and diversification'. The practice of combining circuit trials with case handbooks by the People's Court this time is very forward-looking and will be a key measure to enhance the credibility of foreign-related judicial work in Shanghai," highly praised Li Jie, a representative of the Shanghai Municipal People's Congress and the tower crane operator of Shanghai Machinery Construction Group Co., Ltd., for the construction of the North Bund International Legal Service Harbour and the innovative practices of Hongkou District People's Court in foreign-related trials.

"This event represents a 'two-way empowerment of judicial extension work and legal service platform' and a new attempt to create a brand-new foreign-related legal ecosystem and optimize the regional law-based business environment. In the future, we will continue to improve the efficiency of judicial services for enterprises, build a comprehensive and one-stop model for foreign-related dispute resolution, actively empower regional strategies, forge a 'hard support' for regional development with the 'soft power' of the rule of law, and set a new benchmark for creating a market-oriented, law-based, and internationalized business environment," introduced Ye Wei.


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