


On October 15,
2021, the Shanghai Qingpu District People¡¯s Court (Shanghai Qingpu Court) held
a press conference to brief on its efforts to serve and guarantee the China International
Import Expo (CIIE) over the past three years, release a white paper and model
cases. Reporters from nearly 20 media outlets attended the press conference,
and Zhang Fuquan, member of the Party Leadership Group and vice president of
Shanghai Qingpu Court, briefed on the relevant situation. This was the fourth
press conference on promoting a law-based business environment by courts in
Shanghai.
According to the
press conference, as of September 2021, Shanghai Qingpu Court had accepted 266
civil and commercial cases involving the CIIE, with the number increasing year
by year. There are mainly four types of disputes: service, lease, engineering,
and security. Over the past three years, it has become increasingly difficult
to handle the CIIE-related cases, which involve various stakeholders, complex
foreign elements, and extensive influence.
To handle the
CIIE-related cases in a fair and efficient manner and protect the legitimate
rights and interests of Chinese and foreign parties on an equal basis, the West
Hongqiao (CIIE) Tribunal (the ¡°CIIE Tribunal¡±) of Shanghai Qingpu Court has
adhered to professional, international, and intelligent trial, and built 12
long-term mechanisms through efforts in dispute resolution, litigation services,
source management, and collaboration, so as to help foster a quality law-based
business environment and ensure ¡°continued success¡± of the CIIE. With the goal of
exploring and creating adjudication rules for the CIIE-related cases,
developing new models of handling such cases, Shanghai Qingpu Court has combined
professional judgment with multiple mediation, developed a smart court, set up specialized
teams, specially handled civil and commercial cases involving the CIIE and the exhibition
industry, researched the new situations and new problems concerning the CIIE, and
developed an adjudication mechanism for the CIIE-related cases. At the same
time, the CIIE Tribunal has launched a menu-based mediation mechanism,
introduced professional commercial mediation organizations, and worked with the
Xujing Town (CIIE) Joint Mediation Center and other professional mediation
institutions to meet the demand of the parties involved in the CIIE-related
disputes for easier relief and diversified resolutions. The CIIE Tribunal has also
adopted information technologies to enable whole-process online case handling, with
an online trial rate of 20%.
According to
Zhang, the CIIE Tribunal has actively responded to the judicial needs of
various entities involved in the CIIE, set up the CIIE Litigation Service
Center, and established a circuit litigation service mechanism focusing on the
exhibition halls, a comprehensive litigation service mechanism aiming to
provide one-stop services, and a smart litigation service mechanism represented
by the smart cabin. Considering the short exhibition period and the intensive congregation
of people, the CIIE Tribunal has provided circuit litigation service. During
the larger exhibitions, it contacted the organizers and set up more service
points, where it distributed guidelines in both Chinese and English, answered
people¡¯s questions and filed cases, and helped with dispute mediation and
settlement, so as to ensure that the exhibitions were held in an orderly manner.
According to the press
conference, over the past three years, the CIIE Tribunal has promoted the
settlement of disputes in various stages and ways by prioritizing the
non-litigation dispute resolution mechanism, reducing the number of lawsuits
from the source, and implementing mechanisms to resolve disputes in the
exhibition halls without litigation, warn the parties involved in the CIIE
against possible risks, and raise their awareness of abiding by the law. Under
the risk warning mechanism, which is based on the judicial big data, the
Tribunal has analyzed the data about case handling, carried out prospective
research on the new problems concerning the CIIE, and warned against risks
through regular analysis of the key areas. By visiting and investigating the enterprises
that are often involved in cases, developing and distributing judicial proposals
and white papers, the Tribunal has warned the CIIE-related parties like
organizers and service providers against risks. In addition, since its
establishment, the CIIE Tribunal has made concerted efforts to serve and
guarantee the event through interaction with the CIIE organizers, collaboration
with courts in the demonstration area, and communication with the local
governments.
At the press
conference, Shanghai Qingpu Court also released model cases involving the CIIE,
which cover organizers, exhibitors, purchasers, service providers, and
consumers, as well as preparation, hosting, and cancellation during the process.
Those model cases include issues about entities, procedures, fact-finding, and
application of laws. There are responses to the new situation of traditional
quality issues in the CIIE-related cases, and settlement of new disputes
arising amid the COVID-19 epidemic.
Zhang said that Shanghai
Qingpu Court will follow the new development philosophy at the new stage of
development, continue to carry out reform and innovation with more confidence
and in a more pragmatic style, so as to provide better judicial services and
guarantees for a new round of high-level opening up.
