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A Look at the SICC¡¯s First Year: Press Conference Highlights
[2026-03-11]

 

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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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