The Supreme People's Court Releases the First Batch of Typical Cases for Ascertainment and Application of Foreign Law

September 13, 2024 | BY

Susan Mok

Jianwei (Jerry) Fang and Jiaying Jiang of Zhong Lun Law Firm discuss the newly released First Batch of Typical Cases for Ascertaining and Applying Foreign Law by the Supreme People's Court of China, and discover a significant shift of focus which will impact parties - and their attorneys - involved in international disputes

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Summary

  • China's constantly evolving legal framework for ascertaining and applying foreign laws highlights a trend of increasing judicial proactivity and diverse methods to ensure efficient and accurate application in foreign-related civil disputes
  • The release of typical cases by the Supreme People's Court signifies a pivotal shift in China's legal landscape, emphasizing the proactive role of courts in ascertaining foreign laws through diverse methods, including online inquiry, expert consultation, and thorough review of materials provided by the parties
  • For legal practitioners, these cases highlight the Supreme People's Court's support for parties providing legal opinions and expert witnesses, suggesting a more prominent role for lawyers and experts in international disputes, thereby enhancing legal communication and adjudication in Chinese courts