Foreign -related litigation adheres to the "preferred land" of "fair referee, equal protection" in Shandong

Qilu.com · Lightning News August 9th News In order to strictly implement the principle of equal protection of Chinese and foreign parties, actively serve the province's high levels of opening up and the high -quality development of the marine economy, and strive to create a stable, fair and transparent business environment, create foreign -related business affairs Maritime litigation "preferred land". On the morning of August 9, the provincial court held a press conference to report the work of the province's "equal protection of the legitimate rights and interests of Chinese and foreign parties".

From June 1st, 2021 to June 30, 2022, the province's courts accepted 851 cases involving foreign affairs in the first and second trials in the provincial courts, and concluded 769 cases; 5,450 maritime cases in the first and second trials were accepted, and 5,628 were concluded; 407 foreign maritime cases were concluded. On November 24, 2021, the Supreme People's Court designated the first instance of the first instance of the Civil and Commercial Cases of the People's Court of the Licheng District of Jinan City, and concentrated the first instance of the Lixia District, Licheng District, and High -tech Zone. The construction of Jinan area provides judicial guarantees. Since the beginning of this year, the Licheng Court has accepted 14 foreign -related cases, including 7 cases involving foreign affairs. The Qingdao Maritime Court approved that the two external wheels were allowed to set up compensation liability restrictions on the "April 27" ship collision accident. "The replacement of foreign crew members of the wheel provides convenience, reflects the humanistic care of foreign crew in our country.

Strengthen the mediation of maritime disputes in foreign -related business affairs, and provide diversified solution services for Chinese and foreign parties

Mediation is an important way for foreign -related business affairs disputes. The courts of the province strengthen the mediation before and in the complaint. Based on the voluntary of both Chinese and foreign parties, the two parties return to the cooperation and win -win cooperation, and meet the diversified and differentiated judicial needs of Chinese and foreign parties. Chen Moumou, who was concluded by the Qingdao Intermediate People's Court, sued Gengmoumou's housing lease contract dispute, relying on the "special invitation mediation mechanism of Taiwan -related disputes", invited well -known Taiwanese businessmen to participate in the mediation of the case, and eventually promoted the parties to reach the parties to reach reaching the parties to reach a reaching party Concern. The case was formed by mediation, and the mediation letter was immediately fulfilled. The case was rated as the top ten typical cases of Taiwan's Taiwan compatriots in the Supreme People's Court. The Qingdao Maritime Court strengthened the construction of the "Maritime Mediation Center", strengthened the functional role of maritime mediation to the country and countries along the "Belt and Road", and established a multi -solution mechanism that conforms to the characteristics of maritime cases. The predecessor resolution rate reached 36.93%. A communications company in Qingdao's communication company concluded by the Qingdao Maritime Court complained that a shipping company and a shipping company in South Korea's ship damage to the underwater facility damage compensation liability disputes. The actual amount of loss of the damaged optical cable reached a mediation agreement based on this amount. The handling of the case not only allows the Chinese parties to get compensation quickly, prevent the loss of losses further, but also avoids unreasonable high compensation of foreign parties to exceed the actual loss part, and achieve three effects of the case handling.

Accurately identify the applicable standard law, to ensure that Chinese and foreign parties choose the right to choose applicable laws

In the trial of foreign -related cases, the provincial courts abide by international treaties and international practices, abide by the basic criteria of international law, fully respect the party's intentions of autonomy, adhere to the principle of "meaning autonomy+the most close connection", and determine the accuracy law that should be applicable in accordance with the law. In many cases, the laws of South Korea, the Marshall Islands and other countries are applied to the laws of Hong Kong. A equipment company in Qingdao, which was concluded by the Qingdao Intermediate People's Court, sued a dispute over an international cargo trading contract in a Canadian power company in Canada. Grasp the basic principles of the convention, correctly apply the terms of the Convention, confirm the binding power of the transaction habits to the parties, and make a fair referee. On January 1, 2021, the Civil Code was promulgated and implemented, and the civil procedure law and its judicial interpretation were successively revised. In order to ensure that the above laws were properly applied in the trial of maritime cases in foreign -related business affairs. The "Minutes of the National Court of Foreign Business Through the Maritime Trial Symposium in Foreign Business in the National Court of Foreign Business" organized by the organization organized and the provincial courts organized foreign -related maritime trial practices and the exterior training courses of foreign laws organized by the provincial courts.

Trial arbitration judicial review cases in accordance with the law to provide judicial support for Chinese and foreign parties to apply for arbitration

The arbitration has the advantages of professionalism and the finals. The courts of the province strictly explain the arbitration agreement in accordance with the principles that are conducive to the effective arbitration agreement. According to the "New York Convention" and my country's laws, the arbitration ruling is strictly applicable and the arbitration awards are not performed. , To maintain the final nature and enforcement of arbitration, give full play to the role of judicial support and supervision of arbitration, and provide judicial support for Chinese and foreign parties to apply for arbitration. A British technology company and a technology company in the United Kingdom concluded by the Liaocheng Intermediate People's Court applied to recognize a foreign arbitration award. In the case of nearly 750 million yuan in the case, the legitimate procedure rights and arbitration procedures enjoyed by the parties enjoyed by the parties The boundaries of tailoring have been clarified and supported the legal demands of foreign parties. On January 1, 2022, the Supreme People's Court issued the "Decision on Modifying the Supreme People's Court on the Reporting Cases of Arbitration Judicial Review Cases", which will be non -foreign -related Hong Kong, Macao and Taiwan arbitration judicial review cases, except for violation of the public and public public public. The negative evaluation case of the arbitration agreement or arbitration ruling was submitted to the high -level people's court for review on the grounds of interest. Since the implementation of the decision, the provincial courts have reviewed 33 cases of judicial review of arbitration, and 9 cases of negative evaluation of the arbitration agreement do not agree with the lower courts. The dispute provides strong judicial guarantee. Improve the work mechanism of judicial assistance and open up the channels for judicial relief for Chinese and foreign parties

The province's courts attach great importance to international judicial assistance work, and determine that the judges and assistants of the judge as the judicial assistance special officer will be determined. Further improvement. From June 1st, 2021 to June 30, 2022, the provincial courts handled a total of 177 international judicial assistance cases, 143 cases of district judicial assistance cases, and 223 cases of exit cases, involving South Korea, Vietnam, the United States, Russia, France, etc. 27 countries and regions. The court of our province proposed to Russia to acknowledge and implement the case request of the Chinese court judgment. Kim Moumou and Zhao Moumou, who were concluded by the Qingdao Intermediate People's Court, applied for acknowledging the judgment of a foreign court. The Minutes of the Judgment Symposium conforms to the standards of the determination of foreign court judgments.

In the next step, the province's court anchor the work requirements of "walking in front, opening a new bureau", protect the legitimate rights and interests of Chinese and foreign parties in accordance with the law, and continuously create a market -oriented business environment, and create a preferred place for maritime disputes in foreign -related business affairs. High -level openness to the outside world and the construction of strong marine provinces provide strong judicial services and guarantees!

Lightning News reporter Ma Rui report