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First Group of Representative Cases Involving Foreign Commercial and Maritime Mediation Issued by the Supreme People's Court
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最高法发布首批涉外商事海事调解典型案例
[现行有效]
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【法宝引证码】
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| First Group of Representative Cases Involving Foreign Commercial and Maritime Mediation Issued by the Supreme People's Court | | 最高法发布首批涉外商事海事调解典型案例 |
| (July 10, 2025) | | （2025年7月10日） |
| For the purposes of implementing the important deployment of the Third Plenary Session of the 20th CPC Central Committee on strengthening the rule of law for foreign-related matters and promoting high-level opening-up, the Supreme People's Court ("SPC") has issued the first group of six representative cases involving foreign commercial and maritime mediation cases today, summarized experience of the people's courts at all levels in resolving disputes in foreign-related commercial and maritime trials in a diversified manner in recent years, refined new forms of international commercial mediation, and demonstrated the core values of "mutual trust, win-win, and harmony and mutual assistance" that integrate traditional Chinese culture and modern rule of law. The first group of cases involve parties from six countries including Singapore, South Korea, Italy, and the United States, concentratedly demonstrate the judicial responsibilities of the Chinese courts in innovating on diversified dispute resolution mechanisms, equally protecting the legitimate rights and interests of Chinese and foreign parties, escorting the high-quality joint construction of the "Belt and Road" Initiative ("BRI"), and serving high-level opening-up, and explain the modern vitality of "Oriental Experience" in global governance. The cases present the following characteristics: | | 为贯彻落实党的二十届三中全会关于加强涉外法治建设、推进高水平对外开放的重要部署，最高人民法院今天发布首批6个涉外商事海事调解典型案例，总结近年来各级人民法院涉外商事海事审判多元解纷经验，提炼国际商事调解新范式，彰显中华传统文化与现代法治规则交融的“互信共赢、和合共济”的核心价值。首批案例涉及新加坡、韩国、意大利、美国等6个国家当事人，集中展现了中国法院创新多元解纷机制、平等保护中外当事人合法权益，护航高质量共建“一带一路”、服务高水平对外开放的司法担当，诠释了“东方经验”在全球治理中的现代生命力。具体呈现出以下几个特点： |
| I. Escorting "Six Corridors and Six Routes" and building a bridge of friendship between China and foreign countries | | 一、护航“六廊六路”，架构中外友谊之桥 |
| Efforts shall be made to promote the joint construction of the BRI and with the basic framework of "Six Corridors, Six Routes, and Linkage between Ports in Various Countries," importance shall be attached to the building of economic corridors and international passages. Case 1 involves a dispute over the quality of an overseas railway project with a huge amount of subject matter. If the rights and obligations failed to be defined and the dispute failed to be resolved in a timely manner, the project construction process would be directly affected. When resolving the dispute, the people's court fully noted the fact that the project funds were settled in a rolling manner and after accounting according to the contract and bills, determined the amount of arrears, developed a practical and risk-controllable phased performance scheme, skillfully used the oriental wisdom to break the ice with empathy, and guaranteed the smooth access of the key railway hub with win-win orientation. Case 2 involves an overseas coal-fired power station project with the amount of subject matter in dispute exceeding 100 million yuan. The two parties had a dispute over the original design and transformed design, and manufacturing of the equipment under transaction and other specialized technical issues. The people's court introduced a technical appraisal institution, formed the adjudication logic of dual argumentation of "Technology + Law” through the whole-chain mediation model of "clarifying the focal issue - relying on the appraisal opinions - guiding the parties in putting themselves in others' shoes - conducting consultation to promote progress - making a flexible scheme,"provided judicial guarantee for the infrastructure construction of the "Belt and Road" Initiative, and translated the idea of joint consultation, co-construction, and sharing into practice. | | 共建“一带一路”，以“六廊六路多国多港”为基本架构，以经济走廊和国际通道建设为重点。案例一涉及的某境外铁路工程质量争议，标的额巨大，如不能及时定分止争，将直接影响工程建设进程。在处理这起纠纷时，人民法院充分注意到工程款滚动结算的事实，根据合同及票据逐笔进行核算，确定欠款数额并形成切实可行、风险可控的分期履行方案，巧妙运用东方智慧以共情破冰，以共赢定向，保障了铁路关键枢纽的畅通。案例二涉及境外燃煤电站项目工程，纠纷标的额超亿元，双方对于交易设备的原始设计及转化设计、生产制造等专业技术问题产生分歧。人民法院引入技术鉴定机构，通过“明确争点—依托鉴定—引导换位—协商推进—灵活方案”的全链条调解模式，形成了“技术＋法律”双重论证的裁判逻辑，为“一带一路”基础设施建设提供司法保障，把共商共建共享理念转化为具体实践。 |
| II. Addressing difficulties for private enterprises and laying a solid foundation of rule of law in the business environment | | 二、为民营企业纾困解难，筑牢营商环境法治根基 |
| As private enterprises accelerate their pace of "going global," the needs of private economic organizations for the protection of their rights and interests in foreign countries become increasingly prominent. Case 3 involves a dispute over claim for compensation of 1 million USD arising from the export of products manufactured by a private enterprise to the EU. By relying on the communication advantages of mediators at the basic level, the people's courts completed the disposal plan by a relay of the mediation and trial efforts through the dispute resolution procedures with triple progression of "precision of facts + warmth of empathy + accuracy of the scheme" and the people's courts at two levels exerted efforts bidirectionally. On the day when the dispute was resolved, the Private Sector Promotion Law of the People's Republic of China was promulgated and implemented so that judicial escort and legal protection advance side by side. Case 4 is about a dispute over unjust enrichment arising from investment in a building in Yanbian Korean Autonomous Prefecture, Jilin Province between the Chinese party and the South Korean party. The three subjects of rights have filed more than ten associated lawsuits by centering on the investment in a building. The tense standoff and entanglement among them had lasted for nearly two decades and they had fierce confrontation. The judges of the SPC deepened the requirements of a circuit trial, went to the scene to learn about the historical reasons behind the dispute such as the restructuring of the state-owned enterprise and the development of the private enterprise and the dispute was smoothly resolved in the end. The efforts made by the judges have not only reduced the costs of the private enterprise involved and the time taken for safeguarding its rights, but also conveyed to society the distinct judicial orientation that the people's courts should proactively serve both Chinese and foreign commercial bodies. | | 随着我国民营企业“走出去”步伐加快，民营经济组织对海外权益保护的需求日益凸显。案例三涉及民营企业产品出口欧盟引发的百万美元索赔纠纷。人民法院依托基层调解员的沟通优势，通过“事实精度＋情感温度＋方案准度”三重递进的解纷流程，调审接力完成处置方案，两级法院双向发力。纠纷化解当日正值《中华人民共和国民营经济促进法》颁布施行，司法护航与法律保障齐头并进。案例四是我国当事人与韩国当事人在吉林延边投资大厦产生的不当得利纠纷。三方权利主体围绕大厦投资产生10余起关联诉讼，剑拔弩张纠葛近20年，各方情绪对抗激烈。最高人民法院法官深化巡回审判要求，赴现场深入了解纠纷背后涉及的国企改制、民企发展等历史原因，最终圆满化解纠纷，不仅降低了涉诉民营企业的维权成本和时间损耗，更是向社会传递了人民法院主动服务中外商事主体的鲜明司法导向。 |
| III. Adhering to equal protection of domestic and foreign investors and enhancing the confidence of foreign investors | | 三、坚持内外资平等保护，增强外国投资者信心 |
| Foreign investment is an important force to participate in the Chinese modernization and drive the common prosperity and development of the Chinese economy and the world economy. The people's courts adhere to equal protection of the legitimate rights and interests of Chinese and foreign parties, help stabilize the expectations at the foreign investment market, and resolve disputes through fair and efficient mediation, which have greatly enhanced the confidence of foreign investors in investing in the Chinese market. Case 5 involves a dispute over cross-border trade between a US company and several Chinese private enterprises. The people's court innovated on the mediation mechanism of risk sharing and interest balancing, rebuilt the cooperation and trust of all parties in the way of "examination of relevance + systematic settlement," propelled the US company and several Chinese private enterprises to systematically resolve the triple crises facing the two parties including freezing of credit insurances, compensation from parallel lawsuits, and supply disruption in the industrial chain, and closed associated lawsuits at home and abroad in a package manner, providing rule of law guarantee for the US company's continuous participation in the Chinese market. Case 6 is about a dispute over equity transfer between Singapore Asia [REDACTED] Investment Company and Shanghai A Corporation, Shanghai B Limited Partnership, and others. With respect to the deadlock in the repurchase of equity invested by Singapore Asia [REDACTED] Investment Company, the people's court adopted a four-step method of "targeted investigation, appropriate explanation, field inspection, and communication and guidance,"innovatively introduced a third party with capital strength to participate in the mediation, and guided a quality domestic enterprise, Shanghai B Limited Partnership, in making capital injection and taking over the equity repurchase, achieving a win-win effect where the foreign investor safely recovered its investment interests and the domestic enterprise maintained its normal operation and injecting rule of law momentum for stabilizing the foreign investment expectations and enhancing foreign investors' confidence in their investment in China. | | 外商投资是参与中国式现代化建设、推动中国经济与世界经济共同繁荣发展的重要力量。人民法院坚持平等保护中外当事人合法权益，助力稳定外商投资市场预期，通过公正高效的调解方式解决争议，极大增强了外商对投资中国市场的信心。案例五涉及美国公司与中国多家民营企业跨境贸易纠纷。人民法院创新风险共担、利益平衡调解机制，通过“关联性审查＋系统性化解”方式，重构各方合作信任，推动美国公司与中国公司等多家民营企业系统性化解双方面临的信用保险冻结、平行诉讼赔偿、产业链断供三重危机，一揽子解决境内外关联诉讼，为美国公司继续参与中国市场提供法治保障。案例六是新加坡亚洲某投资公司与上海某甲股份公司、上海某乙有限合伙等股权转让纠纷。针对新加坡亚洲某投资公司股权投资回购僵局，人民法院通过“精准摸底、适时释明、实地查看、沟通引导”四步法，创造性地引入第三方带资参与调解，引导国内优质企业上海某乙有限合伙注资接盘，实现了外商投资者安全收回投资利益、国内企业维持正常运营的双赢局面，为稳定外商投资预期、增强外国投资者对华投资信心注入法治动能。 |
| The river of history surges endlessly and the spirit of "harmony" transcends mountains and seas. From "paying attention to whether a case is closed or not" to "attaching importance to whether a problem is resolved or not," the oriental wisdom that "harmony is precious" in the traditional Chinese culture, including humility and courtesy reflected in the "Liuchi Lane" in Tongcheng, Anhui Province 300 years ago to consultation, joint building, and sharing in "Six Corridors and Six Routes and Linkage of Ports in Several Countries,"has been extended, inherited, and condensed into the "Fengqiao Experience" in the new era and played "harmony" in the era of China's foreign-related justice. Looking to the future, the people's courts at all levels will adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, carry forward the traditional Chinese cultural spirit of "advocating harmony and cooperation and seeking common ground," assist in creating a world-class, market-oriented, law-based, and internationalized business environment with the "China solution" that resolve disputes in a fair, efficient, convenient and low-cost manner, and provide strong judicial services and safeguards for high-level opening-up and high-quality BRI cooperation. | | 历史长河奔涌不息，“和合”精神跨越山海。从“关注案件结没结”到“重视问题解没解”，从300多年前安徽桐城“六尺巷”的谦和礼让到“六廊六路多国多港”的共商共建共享，中华传统文化“以和为贵”的东方智慧一路走来，绵延、传承、凝聚成新时代“枫桥经验”，奏响了中国涉外司法时代“和音”。展望未来，各级人民法院将坚持以习近平新时代中国特色社会主义思想为指导，弘扬中华传统“尚和合、求大同”文化精神，以公正高效便捷低成本解纷的“中国方案”，助力营造市场化法治化国际化一流营商环境，为高水平对外开放和高质量共建“一带一路”提供有力司法服务和保障。 |
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