中国海事商事仲裁资讯2024年第1季度,2024Q1

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

Minutes of the National Courts' Civil and Commercial Trial Work Conference published

FROM:CMAC | 2021-12-31

On 10 June 2021, the National Courts' Civil and Commercial Trial Work Conference was held in Nanjing. On 31 December 2021, the minutes of the meeting were formally issued, stipulating three major parts on foreign-related commerce, admiralty and arbitration justice. Articles 51 to 89 are the admiralty part, which deals with the hearing of maritime dispute cases concerning carriage contracts, insurance contracts, ships' rights in rem, maritime torts, etc. Articles 90 to 111 are the section on judicial review of arbitration, which deals with the procedures for judicial review of arbitration in cases of application for confirming the validity of an arbitration agreement, application for setting aside or non-enforcement of an arbitral award, application for recognizing and enforcing a foreign arbitral award, and also includes reference to the application in commercial cases involving Hong Kong, Macao and Taiwan. Although these minutes do not have the legal effect as judicial interpretations and cannot be invoked as a basis for adjudication, the minutes are of great significance as a guide to trial practice, with the admiralty and arbitration judicial sections responding directly to the hot issues that were the subject of controversy during the trials of various maritime courts in recent years, and responding to each hot issue in a focused manner. (source: court.gov.cn)