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

Summary

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• 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

On July 12, 2024, the Supreme People's Court of China (SPC) released the First Batch of Typical Cases for Ascertaining and Applying Foreign Laws ("Typical Cases") covering civil and commercial disputes involving laws from the U.S., UK and other jurisdictions.

The methods adopted by Chinese courts in the ascertainment and application of foreign law in these typical cases are highly representative and hold significant guiding value for enriching the practice and clarifying the rules of ascertaining foreign laws.