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What
interest rate standard should apply to overdue payment interest in a
cross-border sale of goods? Can a foreign court judgment be recognized and
enforced in China? Can a Chinese court exercise jurisdiction over a case where
the parties, place of contract performance, and disputed facts are all outside
China?
Confronted
with these questions that bear on international commercial transaction rules
and the global economic and trade order, the Shanghai International Commercial
Court (SICC) has provided clear and definitive answers in the year since its
establishment.
On February 9, 2026, the
SICC held a press conference to release ten typical cases for 2025 and a report
on international commercial adjudication. Xi Xuefeng, Vice President of the
Shanghai First Intermediate People¡¯s Court, and He Yun, Chief Judge of the SICC,
attended the press conference and provided briefings. The press conference was
hosted by Jiang Keqin, Spokesperson and Director of the Research Office of the
Shanghai First Intermediate People¡¯s Court. Journalists from central and
Shanghai media outlets attended the press conference. This press conference was
the third in the series ¡°Anchoring the 15th Five-Year Plan and
Advancing Shanghai Courts to Take the Lead and Set the Example.¡±
Let
the cases speak: Significant breakthroughs in enhancing leadership in international
rule-making
At
the press conference, Ms. He introduced the basic circumstances and key
features of the ten typical cases released by the SICC for 2025.
Since
its establishment, the Court has focused on high-quality international
commercial adjudication, accelerating the development of a number of typical
cases with leadership significance in international rule-making across areas
such as expanding jurisdiction over foreign-related cases, strengthening the
application of international rules, and promoting international judicial
assistance. To date, two cases have been selected as national typical cases,
and 13 cases have been included in internationally renowned databases such as
the Case Law on United Nations Commission on International Trade Law (UNCITRAL)
Texts (CLOUT), CISG Advisory Council website, i-law (UK), and CISG-online
(University of Basel, Switzerland). Multiple cases have generated positive feedback
internationally. The ten typical cases released cover areas such as the
interpretation and application of international treaties, the development of
cross-border transaction rules, and the expansion of foreign-related judicial
jurisdiction. Quite a few of them are pioneering and exemplary nationwide, which
shows how Chinese courts have engaged in a profound dialogue with international
rules in international commercial adjudication.
In
a dispute over an international sale of goods between a German company and a
Chinese company, the parties disagreed on the interest rate standard for
overdue payment. The SICC referred to CISG Advisory Council Opinion No. 14 to
clarify the rules for determining the interest rate for overdue payment under
the Convention. This case became China¡¯s first to refer to a CISG Advisory
Council opinion in a judgment and was the only case from China in 2025 selected
for inclusion in CLOUT. It contributed a ¡°Chinese example¡± for the uniform
application of the Convention in global judicial practice. The case has also been
included in several internationally renowned databases, including the CISG
Advisory Council, i-law, and CISG-online, effectively enhancing the visibility
and influence of China¡¯s judiciary in the formulation of international economic
and trade rules.
In
another case, the SICC referred to CISG Advisory Council Opinion No. 16 to make
a clear determination as to circumstances where the Convention does not apply,
providing clearer guidance on how to accurately understand and apply the
Convention in cross-border transactions.
With
regard to the recognition and enforcement of foreign-related judgments,
relevant typical cases also have made breakthroughs. In a case involving an
application for recognition and enforcement of a civil judgment of the High
Court of Singapore, the SICC, for the first time, referred to the Memorandum
of Understanding on Cooperation between the Supreme People¡¯s Court of the
People¡¯s Republic of China and the Supreme Court of Singapore to determine
that a reciprocal relationship exists between the two countries, and ruled to
recognize and enforce the judgment in accordance with the law, providing a
precedent for the specific application of the principle of reciprocity. In
another case, the SICC accurately defined the scope of application of the bilateral
treaty between China and Mongolia and, in conjunction with the provisions of
the New York Convention, ruled to recognize and enforce a Mongolian
arbitral award in accordance with the law. This case was selected as part of
the Supreme People¡¯s Court¡¯s fifth batch of typical cases concerning the Belt
and Road Initiative. Professor Lu Song, a member of the International
Commercial Expert Committee of the Supreme People¡¯s Court, commented that the
case accurately applied international rules and effectively enhanced the
foundation of mutual trust in international economic and trade exchanges and
people-to-people exchanges.
With the establishment
and effective operation of the SICC, an increasing number of foreign-related
parties without conventional jurisdictional links to China are choosing to file
lawsuits in Shanghai courts. Whether Chinese courts can exercise jurisdiction
over such disputes has become a focal point of contention in these cases. The
cases released this time also address this ¡°new development¡± in judicial
practice. In one case, there were no traditional jurisdictional links to China.
However, the SICC, by examining the place where the goods were stored after
arrival and entry, as well as the location of a third party with an interest in
the case, determined in accordance with the law that the dispute had an
¡°appropriate connection¡± with China, and resolved the jurisdictional dispute
through escalation of jurisdiction. In another case, although the parties were
both foreign entities and the key facts of the dispute occurred outside China,
the SICC, based on an accurate understanding of the conditions for applying the
¡°doctrine of forum non conveniens,¡± determined in accordance with the law that
Chinese courts had jurisdiction. This not only met the practical needs of
cross-border commercial parties ¡°choosing Chinese courts,¡± but also provided a
reference for the accurate understanding and application of the ¡°doctrine of forum
non conveniens¡± in judicial practice.
Numbers
as evidence: A foreign-related judicial report ¡°rich in substance and highlights¡±
At
the press conference, Xi Xuefeng, Vice President of the Shanghai First
Intermediate People¡¯s Court, reported on the SICC¡¯s adjudication of foreign-related
cases in 2025.
Over
the past year, the SICC has focused on its core function of international
commercial adjudication, providing more targeted and effective support for
national strategies. It accepted a total of 2,161 cases and concluded 1,743 of
them, with the total amount in dispute exceeding 30 billion yuan. The parties involved
came from 56 countries and regions across five continents. The average
adjudication period was 58.6 days, significantly shorter than the national
average for similar cases, reflecting the increasing efficiency and
predictability of foreign-related judicial services. The number of
international judicial assistance cases increased by 130.8% year-on-year, with
a support rate of 100%, involving parties from 18 countries and regions. This
not only demonstrates the smooth operation of international judicial assistance
but also reflects the growing trust in Shanghai¡¯s foreign-related judiciary at
the international level.
In
terms of institutional innovation, the Court has accelerated the development of
a ¡°Shanghai Paradigm¡± for international commercial adjudication. It has pioneered
the establishment of an International Commercial Expert Committee among local
courts nationwide, appointing 20 high-level expert members (including seven
foreign experts) in its first cohort. By establishing an operational framework
for four specialized platforms¡ªforeign law ascertainment, mediation evaluation
and consultation, innovative research, and translation and authentication¡ªit
has provided high-level intellectual support for international commercial
adjudication. The Court has fully promoted online litigation throughout the
entire process, achieving 100% electronic service coverage, 100% coverage of entrusted
mediation, 100% online transmission of arbitration preservation measures in Hong
Kong, and an online hearing rate of over 50%. Equipped with simultaneous
interpretation systems supporting eight languages and an intelligent hearing platform,
it enables parties from different legal backgrounds to participate in
foreign-related hearings without barriers, achieving significant progress in
creating a new digital paradigm for international commercial adjudication.
Meanwhile,
the Court has continuously improved the new ecosystem for diversified
international commercial dispute resolution. Taking advantage of its new
premises, it facilitated the establishment of the Shanghai One-Stop Diversified
International Commercial Dispute Resolution Center, bringing together 25
professional institutions in five categories¡ªarbitration, mediation,
translation, notarization, and foreign law ascertainment¡ªto integrate
supporting resources for international commercial dispute resolution and
promote the substantive operation of a one-stop diversified dispute resolution
mechanism, forming a dispute resolution ecosystem characterized by ¡°mediation
first, layered progression, and litigation as a last resort.¡± It has integrated
this ¡°Eastern Experience¡± of mediation and conciliation throughout the entire
process of international commercial dispute resolution. In 2025, the rate of
foreign-related commercial disputes resolved through mediation and withdrawal
reached 29.70%, and the support rate for arbitration was 95.68%. The Court pioneered
the use of investigative orders to support interim measures in international
arbitration, achieving seamless alignment with international arbitration
practices. This innovative measure has garnered extensive attention and high
praise from the international arbitration and legal community.
From a batch of typical
cases with international influence to a gradually maturing adjudication
mechanism and dispute resolution system, the SICC has, through one year of
exploration and practice, successfully completed a significant leap from
¡°laying the foundation¡± to ¡°achieving qualitative improvement¡± as a specialized
international commercial adjudication institution. As more foreign-related commercial
rules are clearly applied and consistently articulated in specific cases, the SICC¡ªguided
by the vision of seeking ¡°fairness, professionalism, efficiency, and connection
with the world¡±¡ªis continuously enhancing the trust and confidence of
international commercial entities in China¡¯s judiciary through predictable,
comprehensible, and enforceable judicial practice.
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