On 26 Sept. 2021, Shanghai High People's Court issued the “Typical Cases Involving the Belt and Road Initiative by Shanghai Courts (from October 2018 to September 2021)”(上海法院服務保障“一帶一路”建設典型案例).
It is the second time that Shanghai High People’s Court has issued typical cases involving the BRI.
In this batch, there are eight typical cases concerning disputes over copyright infringement, liability for damages caused by pollution from ships, recognition and enforcement of foreign judgments, etc.
In the case of Daesung Industrial Gases Co., Ltd. et. al. v. Praxair (China) Investment Co., Ltd. for the application for determining the validity of an arbitration agreement (大成產業氣體株式會社等訴普萊克斯(中國)投資有限公司申請確認仲裁協議效力糾紛案), the parties agreed to refer their disputes to the Singapore International Arbitration Centre (SIAC) in Shanghai in accordance with its arbitration rules.
According to the applicable law (Chinese law) specified in the arbitration agreement, the court confirmed the validity of the arbitration agreement with the clause that “the arbitration shall be conducted in Shanghai by a foreign arbitration institution”, which facilitates the internationalization of arbitration of foreign-related commercial disputes.
Cover Photo by Henry Chen (https://unsplash.com/@chentianlu) on Unsplash
Contributors: CJO Staff Contributors Team
