The Supreme People's Court Published Interpretation on Application of International Treaties and International Practices in the Hearing of Foreign-Related Civil and Commercial Cases
ISSUING AUTHORITY:
Supreme People's Court
DATE OF ISSUANCE:
December 28, 2023
EFFECTIVE DATE:
January 1, 2024
On December 28, 2023, the Interpretation on Several Issues Concerning Application of International Treaties and International Practices in the Hearing of Foreign-Related Civil and Commercial Cases (the “Interpretation”) was published on the website of the Supreme People's Court, which shall come into effect as of January 1, 2024.
The Interpretation consists of 9 provisions. Specifically, when a foreign-related civil or commercial case involves the application of two or more international treaties, the Supreme People’s Court shall determine the applicable international treaties based on the application provisions of those international treaties. When the parties to an agreement invoke an international treaty that is not binding upon the People’s Republic of China, the People’s Court may determine the rights and obligations of the parties based on such international treaty, except where such international treaty is in violation of the mandatory provisions of the laws and administrative regulations of the People’s Republic of China or damages the sovereignty, security and public interest of the People’s Republic of China. When the parties to a foreign-related civil or commercial agreement expressly decide on the application of international practice, and one of the party’s initiates litigation where they are seeking to determine the rights and obligations under the agreement based on the international practice, the people’s court shall support such claim.
Reference:
《最高人民法院關于審理涉外民商事案件適用國際條約和國際慣例若干問題的解釋》
