Cross -border dispute resolution, out -of -the -world laws, foreign -related arbitration recognition ... The onlookers will show you the "Beijing experience" of foreign affairs trials.

Faced with increasingly growing foreign -related business disputes, how can the people's court open to the public through the "China Wisdom" service? On July 6, the Fourth Intermediate People's Court of Beijing held a news notice meeting to introduce the trial of foreign business affairs in the past five years and released the top ten typical cases to provide more "Beijing experience" for the proper resolution of foreign business disputes.

It is understood that since the concentrated jurisdiction of foreign business affairs in Beijing in 2018, there have been more than 6,000 cases of various foreign -related business affairs and foreign -related arbitration judicial review cases. The forefront of the country. In December 2021, the Beijing International Commercial Court was established in the Fourth Intermediate Court of Beijing to promote a higher level of foreign -related business trial work. In the past five years, the Fourth Central Court of Beijing has effectively exerted the function of foreign affairs related to foreign business affairs, actively served the construction of the “Belt and Road” and the “two districts” in Beijing, and successively concluded a number of new types of novelty, complicated cases, and major influence of foreign -related business affairs, and continued to explore categories The rules of the judgment of the case give full play to the role of judicial functions, provide Chinese and foreign parties with public participation in competition and the same legal protection market environment, and focus on creating international disputes to solve preferred places.

According to Yuan Yuchi, a member of the Party Group and Deputy Dean of the Fourth Central Court of Beijing, a typical case of the Shijun Foreign Corporation of Commerce Council involves the effectiveness of the company's resolution, the confirmation of shareholders, the transfer of equity, the tourism entrusted contract, the immigration service contract, the film and television special effects production contract For the type of dispute, at the same time, the foreign arbitration agreement is confirmed and recognized and implemented in the judicial review of foreign arbitration. (Regional Comprehensive Economic Partnership Agreement) Related member states.

Ma Jun, the president of the Beijing International Commercial Court, introduced that the court was based on the positioning of the Beijing International Communications Center and always adhered to the judicial principles and positions of equal protection of Chinese and foreign when he tried foreign business affairs. In the case of a company's decision to confirm the dispute, the "Sino -foreign joint venture business law" and the joint venture company "Articles of Association" clearly stipulate that the joint venture company has not been in foreign shareholders in the "Sino -foreign joint venture business law" and the joint venture company "Articles of Association". When participating, the resolution made in the form of a shareholders' association's removal of foreign shareholders was identified by the Fourth Intermediate People's Court that the above resolutions violated the articles of association of the joint venture company and the laws and regulations. The decision of the company's articles of association was invalid, and the legitimate rights and interests of foreign shareholders were equally safeguarded in accordance with the law, and judicial support was provided to build and maintain stable, predictable marketization, rule of law, and international business business environment.

At the same time, in response to the application of foreign -related business cases, the courts were effectively found through multiple channels to ensure that the case was fully rigorous and accurate in terms of law. In the case of the dispute between Qumou and Chen's equity transfer dispute, the Fourth Intermediate People's Court adopted the legal opinions and certificates of the external law in the trial. The law of the Grand State California as the standard law, which clearly clarifies that the relevant disputes over equity transfer contracts are applicable to Chinese law as the standard law, and the registered laws registered by shareholders' qualifications to obtain the application of the company's registration place as a quasi -laws. In terms of law applications, it has fully achieved rigorous and accurate law. , Equal protection of the proper business interests of foreign businessmen, which provides a useful reference for solving the laws of disputes in the field of cross -border investment and financing in the same type of cross -border investment and financing.

It is understood that the judicial review cases of Beijing Foreign Affairs Arbitration Correction also governed in the Fourth Central Court. Regarding such cases, the Fourth Intermediate People's Court actively promoted the diversified resolution of cross -border commercial disputes, respected the parties to choose the rights and willingness of arbitration to resolve disputes, and carefully explained and strictly grasped the terms of the recognition and implementation of foreign arbitration in international conventions. In the issuance of an international trading company and an international metal company to apply for confirmation of the effectiveness of the arbitration agreement, the parties have the willingness to choose arbitration. The "flaws" agreed by the parties fully respect the parties' willingness to choose arbitration to resolve disputes, identify the application of the application of arbitration, confirm the effective arbitration agreement in accordance with the law, and promote the international recognition and implementation of foreign business arbitration internationally.

In addition, the Fourth Central Court also actively extended the service guarantee function of foreign -related trials on Chinese and foreign investors. The company's management vulnerability issues found in trial practice will be prompted in the form of judicial suggestions to promote the continuous adjustment of enterprises and regulate business behavior. In the commissioned contract dispute between a German travel company and a travel agency company in Beijing, the overseas tourist land connection agency has controversially controversial the cost of the 160 tourism groups involved in the service. Entrusting irregular trading habits leads to difficulties in the lawsuit in the lawsuit. The Fourth Intermediate People's Court passed a large amount of evidence to review the judicial accounting appraisal, and finally determined the amount of arrears. Because German companies rank among the top five in the market in the private outbound tour, the market share is as high as 12 %. In order to further regulate the business process of the service industry and promote the healthy development of the industry, the problems discovered are directed to the problem. German companies have issued judicial suggestions, and German companies also actively responded to stating that they should be targeted and developed software such as the actual development of online signed seal, and effectively prevent disputes and regulate business activities through various means such as strengthening personnel training.

Representatives of the National People's Congress, members of the CPPCC, and reporters from the Central and Capital Medias participated in the news notice online. Top ten typical cases of foreign business trials

Company registered regional external law

Case number one

The implementation of the equity transfer contract and the identification of shareholders' qualifications are applicable to Chinese law and California law of the United States of America as accurate laws.

——The case of dispute between Qumou and Chen's equity transfer dispute

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Foreign -related tourism commission contract disputes

Case 2

Overseas tourist land reception agencies provide service to provide services to generate cost disputes

——The travel company in Germany and a Beijing travel agency commissioned contract dispute case

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Foreign -related companies decide the validity dispute

Case II

The determination of the resolution of the Sino -foreign joint venture company

——Elue Israeli complained to a Beijing environmental protection company decision effectiveness to confirm the dispute case

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The identification of the Foreign -related contract dispute arbitration agreement

Case 4

Use the case to find out that Singaporean law confirms the existence of valid arbitration agreement to reject the plaintiff's prosecution

——The Israeli technology company and a science and technology company in Beijing and a technology company in Beijing

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Investment performance compensation dispute

Case 5

Certificate of performance compensation (commonly known as gambling) related controversy

——The case of a partnership company in a case of contract disputes in a US company and target company

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Type: Disputes in the Entrusted Contract of Foreign Immigration Service

Case 6

The identification of the nature of multinational investment immigration services and the main contractual contract obligation

—— Chen Mou said that a consulting company commissioned contract disputes

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Type: Foreign -related film and television special effects production contract

Case Seven

The restrictions on the right of arbitrarily termination of the contract for the dependent partner

——The South Korean company sued a film and television media company to contract contract disputes

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Apply to confirm the effectiveness of foreign arbitration agreements

Case 8

Respect the parties to choose the valid case of the arbitration agreement to identify the arbitration agreement

——The international trading company and an international metal company apply for confirmation of the validity case of the arbitration agreement

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Type: Apply for recognition and execution of foreign arbitration awards

Case Nine

Follow the parties' intentions of autonomy and reasonable interpretation of the arbitration agreement

——The international company and a commercial company in Beijing applied for recognition and implementation of foreign arbitration ruling

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Type: recognize and execute foreign arbitration awards

Case Ten

Whether foreign arbitration ruling violates my country's public policy identification case

——Shanda company and a Beijing technology company apply for recognition and implementation of foreign arbitration decisions

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Supply: Beijing Fourth Middle School

Edit: Guo Zejin Yao Rihui

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