2021年中国促进国际法治：国内实践

Abstract:In 2021，Chinese courts at all levels concluded a large number of foreign-related cases，and the overall situation is good，reflecting the continuous improvement of China’s foreign-related judicial capabilities.In terms of jurisdiction，there are some cases of typical significance，such as：the case when the parties involved in cross-border guarantees dispute file lawsuits in mainland courts based on asymmetric jurisdiction clauses and non-exclusive jurisdiction clauses，even if there is a parallel litigation，it will not affect the exercise of jurisdiction by the mainland courts，the cases involving the interpretation of issues such as interregional parallel litigation，the standards to determine parallel commercial arbitration and litigation and res judicata.In view of application of law，the courts accurately identify and apply different applicable laws according to the different nature of the legal relationships.In the light of the recognition and enforcement of foreign judgments，the determination of violation of public social interests tends to be loose，and it is also assumed that the mere application of different national laws which leads to different judgment results does not constitute violation of public social interests.In terms of refusing the recognition and enforcement of arbitral awards，whether the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures can be invoked is accurately explained.In terms of the validity of the arbitration agreement，it is established that if the non-signatory parties have reached an arbitration agreement，they should be bound by the arbitration clause of the master agreement，and the circumstances in which foreign arbitrators are stipulated in non-foreign-related contracts are legal and valid，which reflects the idea of judicial support for arbitration.At the same time，the problems of improper characterization and wrong application of law in the judgment documents still exist.Chinese courts should continue to serve high-level opening up，adhere to the concept of judicial support for arbitration，and safeguard the legitimate rights and interests of Chinese and foreign parties.

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