By collecting and selecting 28 foreign-related judgment documents issued by Chinese courts in 2020,it can be seen that there are a large number of foreign-related cases in China in 2020,and the types of cases are rich,and the facts of some cases are very complicated;the content of the report covers the jurisdiction of foreign-related civil litigation,the application of law,the recognition and enforcement of foreign judgments,and judicial supervision of foreign-related arbitration. The practice of foreign-related judicial trials in 2020 reflects the improvement and development of the quality of China’s foreign-related judicial trials,combining foreign-related trials with Internet justice through smart courts. Judicial support for arbitration has achieved remarkable results. For the first time,the court clarified the nature of arbitration awards made by overseas arbitration institutions in Chinese mainland and confirmed that such arbitration awards can be directly applied for enforcement in Chinese mainland. At the same time,problems such as inaccurate qualification of disputes,unreasonable or flawed reasons for the choice of law still exist. It is particularly worthy of concern that there are deviations in the determination of the nature of certain types of cases,errors in the application of laws. There are problems with the application path of the international treaties with compulsory applicability. In the future,Chinese courts should further strengthen judicial capacity building,continue to adhere to the concept of supporting arbitration,uphold fair justice,improve the quality of foreign-related judicial trials,and safeguard the legitimate rights and interests of Chinese and foreign parties.
<<Keywords: | JurisdictionRecognition and Enforcement of Foreign JudgmentsJudicial Supervision of ArbitrationAnti-suit Injunction |