中国海事商事仲裁资讯2022年第3季度,2022Q3

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

Sino-Singaporean MOU on cooperation on information on foreign law comes into force

FROM:CMAC | 2022-04-03

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The Memorandum of Understanding on Cooperation between the Supreme People's Court of the People's Republic of China (SPC) and the Supreme Court of the Republic of Singapore on Information on Foreign Law (MOU) has come into effect from 3 April 2022, according to an announcement of the SPC China. The MOU was signed at the 5th Singapore-China Legal and Judicial Roundtable held on 3 December 2021.

The MOU establishes a mechanism between the two courts to determine questions of law of the other jurisdiction in international civil and commercial cases. It enables accurate and authoritative information on foreign laws to be obtained more easily, thus improving the efficiency of judicial adjudication processes

The text of the MOU, consisting of 17 provisions, is detailed regarding the scope of application, authorities entitled to make requests, transmission of requests and replies, language and deadlines for the reply of the requested information.

Type of case  

The request may only be made in connection with ongoing civil or commercial proceedings adjudicated by courts determining questions of law.

Proceeding of transmission

Requests from the courts determining questions of law in China will be transmitted through the SPC to the Supreme Court of Singapore; and requests from the courts of Singapore will be transmitted through the Supreme Court of Singapore to the SPC. The SPC and the Supreme Court of Singapore are empowered to receive and respond to requests transmitted through or by each other. The replies will be directly transmitted to each other in accordance with their respective procedures. 

Timeline for the reply

The reply to a request for information and opinions shall be made within sixty days upon receipt of the request. For further clarifications, the reply shall be furnished within thirty days upon receipt of the request. If negative in either case, the receiving court shall promptly notify the requesting court.

Source: www.court.gov.cn