Prof. Gao Xiang and A/Prof. Sun Haibo, Director and Executive Director of the Foreign Law Ascertainment and Research Centre of the China University of Political Science and Law (CUPL), participated in the first judge salon on the System, Rules and Experience of Ascertaining Extraterritorial Laws sponsored by the Beijing International Commercial Tribunal on 19 August, 2022.
The salon was moderated by the Vice President of the Beijing Fourth Intermediate People’s Court Yuan Yuchi. Gao Xiang, Sun Haibo and guests such as Xiao Jingyi, Director-General of Shenzhen Lanhai Commercial Mediation and Law Ascertaining Centre, discussed and exchanged with all judges and judge assistants of the Court on the theoretical and practical issues of ascertaining extraterritorial laws.
During the discussion, President Ma Jun of the Court introduced the contents of the newly revised guidelines of the Beijing International Commercial Court on the ascertainment of extraterritorial laws from nine aspects: the scope of the case, the ascertainment subject, the ascertainment approach and method, the ascertainment cost, the ascertainment procedure and the ascertainment standard, the consequence of not ascertained and the guarantee standard of ascertainment procedure.
Judge Mei Yu introduced theories and practical research results of the extraterritorial law ascertaining system from three aspects: the traditional theory and evolution of the nature of the extraterritorial law, the choice of the mode of the extraterritorial law ascertainment, the concrete development and key problems of the system of the extraterritorial law ascertainment in China. Judge Wang Xiang and Judge Assistant Zhang Wei respectively made a speech on the Examination and Application of the Report on the Ascertainment of Extraterritorial Laws and the Legal Problems in the Practice Cases of Ascertainment of Extraterritorial Laws, and shared their practical experience in the determination of the procedures and problems of ascertainment of extraterritorial laws in foreign-related commercial trials and the review of law ascertaining reports.
Gao Xiang, Xiao Jingyi and Sun Haibo made comments on the judges’ thematic discussions and fully affirmed the practice and achievements of the Beijing International Commercial Tribunal in such aspects as the innovation of the extraterritorial law ascertaining mechanism, the theoretical research and the practical experience summary, the extraterritorial law ascertaining and the adjudication reasoning. They also put forward certain suggestions on the scope of extraterritorial law, the interpretation and application of extraterritorial law, and the application of prior cases.
Before the Salon started, President Ma Jun and Director Gao Xiang signed a cooperative agreement on behalf of the Beijing International Commercial Court and the Foreign Law Ascertainment and Research Centre of the CUPL respectively,clarifying the mechanism, approaches and methods for cooperation on the ascertainment of extraterritorial laws, commercial mediation, case compilation and research.
