November 5, 2013
On the coast of the East China Sea, on the banks of the Huangpu River
As the first in the country to serve the construction of free trade zones
specialized court
Pudong New Area People's Court Free Trade Zone Court
Inauguration
10 years
both the scale of time
It is also the yardstick of struggle
10 years
is a number
is a sign
It's a gain of experience
It is also a moment of growth
From "cute new" to stepping out of the "international style"
In 2014, the Shanghai Free Trade Zone was the first to welcome the wave of "one-yuan registration" of companies. Various new types of disputes and new transaction models came one after another, and the number of disputes showed a blowout growth. highly anticipated. In the spring of this year, Xiao Q, who had just become a newcomer in Pufa, was assigned to the free trade zone court. At that time, whether it was the Shanghai Free Trade Zone, the court of the Free Trade Zone, or Xiao Q, who was an assistant to the judge, they were still young and new. What awaited them was the transformation from nothing to something...
From the launch of the country's first bilingual website of the free trade zone court to the construction of the digital court in the free trade zone, from the preparation of the World Bank data verification and exchange symposium to the drafting of the white paper on foreign-related commercial trials, Xiao Q, who has the original intention of a legal person, would like to share with you free trade partners Together with the seniors, we jointly promote the free trade zone court to explore in the first trial. In every process of mechanism exploration, reform and innovation, the free trade zone courts have always benchmarked against the highest international standards and are committed to improving the effectiveness of foreign-related justice.
Today, Xiao Q has become a foreign-related commercial judge in his own right, and continues to spend busy and fulfilling days and nights in the free trade zone court; She has established her own "international style", and has successively won honors such as the advanced collective of the people's courts in foreign-related commercial and maritime trials, the first batch of typical cases in the construction of people's courts in the new era, and Shanghai's civilized women's post.
Since its establishment, the Free Trade Zone Court has handled 16,000 commercial cases involving the Free Trade Zone, including 1,473 foreign-related, Hong Kong, Macao and Taiwan-related commercial cases involving more than 30 countries and regions. A number of typical cases such as the Supreme Court Gazette case in which the arbitration clause in the "trial" clause is valid, and the first case of a foreign dormant shareholder requesting confirmation of equity shares based on the negative list system after the implementation of my country's "Foreign Investment Law". From the types of cases it hears to the implementation of various working mechanisms, the free trade zone courts have always been based on internationalization and are committed to spreading the image of China's rule of law.
Since the establishment of the Free Trade Zone Court, it has received the care and support of the superior leaders and all walks of life. In May 2021, the Free Trade Zone Tribunal was awarded by the Supreme People's Court as an advanced group for the people's courts' foreign-related commercial and maritime adjudication work.
"Free trade speed" under the "one-stop" mechanism
Speaking of Lao Kong, every free trade officer is familiar with him. He is a foreign mediator who can switch between Chinese and English modes.
In June 2015, Lao Kong from Australia became the first foreign mediator to carry out mediation work in a free trade zone court. Gradually, Lao Kong became an old friend of the free trade zone court. In 2021, the sudden outbreak of the epidemic caused difficulties for the three foreign parties. They could not come to the scene because they were abroad. Litigation, mediation, arbitration" one-stop solution studio, entrusted Lao Kong to conduct cross-border online mediation, and finally allowed the three foreign parties to stay at home and the case was closed. It took only four days from the acceptance to the conclusion of the case, which once again demonstrated the "free trade speed" in the trial of foreign-related commercial cases.
The one-stop solution mechanism for foreign-related commercial disputes is based on the types and characteristics of foreign-related commercial disputes, and follows the principle of "mediation if possible, mediation if appropriate, litigation when litigation is appropriate", guides disputes to a suitable solution, and Provide integrated services in foreign language translation, foreign-related notarization, foreign law investigation, etc., to provide more comprehensive, high-quality, and efficient judicial services in the Pilot Free Trade Zone for Chinese and foreign parties.
Since the establishment of the "Litigation, Mediation, Arbitration" one-stop solution studio for foreign-related commercial disputes, the free trade zone courts have successfully mediated 800 cases, and connected litigation and arbitration procedures for 41 cases, involving RMB 830 million.
In March 2021, the "one-stop" dispute resolution mechanism was listed by the National Development and Reform Commission as one of the 25 innovative measures and experiences in Pudong New Area, and it will be replicated and promoted across the country.
Light up the "Spark of Wisdom" with "Judicial Big Data"
The trial of commercial cases is often accompanied by a large number of data calculations, and each commercial judge has his own unique excel table-making cheats. Judge Xu, who has more than ten years of experience in commercial trials, is recognized as the "big cousin" in the court. Her first-hand visual tabulation skills are invincible in the Free Trade Zone. Every trial white paper issued by the Free Trade Zone Court has a form made by her. , How to capture data quickly and accurately, the secret of Judge Xu is the judicial big data analysis system.
In order to efficiently, timely and accurately respond to the growing judicial needs of the Shanghai Pilot Free Trade Zone and make good use of the "rich mine" of judicial big data, the Court of the Free Trade Zone independently developed the judicial big data analysis system of the Shanghai Pilot Free Trade Zone. By combining map software, the system automatically collects and analyzes data such as the distribution and case information of Shanghai and the national free trade test zone cases, forming a free trade test zone case analysis database, and then implements risk warnings to improve judicial services and guarantee the free trade test zone The level of the business environment promotes the formation of a standardized market order.
In 2022, the judicial big data analysis system independently developed by the free trade zone courts will enter the 2.0 era, unlocking new functions such as automatic generation of white papers, advanced data search, special pages for foreign-related, Hong Kong, Macao and Taiwan-related cases, which will further improve the quality of Judge Xu’s forms several dimensions.
The judicial big data analysis system brought more than 30,000 key enterprises in the area into supervision, sorted out more than 20 keywords in key fields, and carried out type-based monitoring to realize risk warning and reminder. As of March 2023, the system has collected more than 570,000 case data.
In March 2022, the judicial big data analysis system of the Shanghai Free Trade Zone was selected as the "Highlight Measures for the Construction of the People's Court Service Guarantee Free Trade Pilot Zone".
10 Years of Free Trade Zone Tribunal
Always "Treading the Waves" at the forefront of reform and opening up
Benchmarking the highest international standard
Safeguard the free trade business environment
Created an absolute "in" mechanism
Handled absolutely "trendy" cases
All the past is prologue
All futures can be expected
next 10 years
opening
Planning丨Pudong Court News Center
Material provided丨Free Trade Zone Court
The author丨Chen Yijiao
Editor in charge丨Dantong Zhou
[Source: Shanghai Pudong Court]
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