【目录】 Chapter OneInternational Sales of Goods 1.Sinochem International (Overseas) Pte Ltd. v. ThyssenKrupp Metallurgical Products GmbH for Dispute over a Contract for the International Sale of GoodsRen Xuefeng 2.Moawea Deri Import & Export Co., Ltd. v. Dalian Xinruilong Import & Export Trade Co., Ltd. for Dispute over a Contract for the International Sale of GoodsHe Lichun 3.Zoha Trading Company v. Xingtai Dongfang Bicycle Co., Ltd. and Tianjin Textile Group Import and Export Inc. for Dispute over a Contract for the International Sale of GoodsTang Na and Zhao Wei 4.UGRINEKS D.O.O. v. Cangzhou Ritian PipeFittings Manufacture Co., Ltd. for Dispute over a Contract for the International Sale of Goods Zhang Hongchuan 5.GLOBTRANSBAT v. Hangzhou Fuxing Group Co., Ltd. for Dispute over a Contract for the International Sale of GoodsZhang Baojun 6.SLS Company Co., Ltd. v. Liaoning Chengda Trade Development Co., Ltd. (Third Party Dandong Shengde Food Co., Ltd. ) for Dispute over a Contract for the International Sale of GoodsFan Chunyu Chapter TwoEquity Disputes 7.Shenzhen Jindalai Investment Management Co., Ltd. v. Suqian Yinkong Water Co., Ltd. and United Water Corporation for Dispute over Equity TransferGu Haoli 8.JAMAL JEBREEN ABDEL RAHMAN ALABSI v. Anji Rongsheng Fitness Equipment Co., Ltd., et al. for Dispute over Equity TransferZhu Ying 9.Inner Mongolia Jiatai Investment Group Co., Ltd. v. China Bao’an Group Co., Ltd. et al. for Dispute over Equity TransferLin Jianyi 10.Jiang Kaisheng v. Jiang Weitian, Jiang Chuangsheng et al. for Dispute over Confirmation of Qualification as a ShareholderLin Jianyi Chapter ThreeOther Contractual Disputes 11.Yonghe Industrial Company, Malaysia Profits Group v. Xixiang County Peoples Government for Contractual DisputeChang Baotang 12.Runipsys (Wuhan) Co., Ltd. v. Wuhan Branch of TNT China International Express Co., Ltd., et al. for Dispute over a Contract for Carriage of Cargo by AirLi Peimin 13.Vered Hasharon Travel & Tours Ltd. v. Huang for Dispute over a Tourism Contract Zhou Tingting 14.Fujian Materials Group Co., Ltd. v. Fujian Chengming Metal Smelting Co., Ltd. ,et al. for Contractual DisputeHuang Zhijiang Chapter FourArbitration and Judicial Examination on Judgment Abroad 15.Siemens International Trading (Shanghai) Co., Ltd. v. Shanghai Golden Landmark Co., Ltd. for the Application for Recognition and Enforcement of a Foreign Arbitration AwardJiang Shan and Huang Ying 16.A Case Involving the Application of Tangcheng International Trading Limited for Enforcement of a Foreign Related Arbitral AwardGen Xiaoning and Zhang Xin 17.Zhejiang Yisheng Petrochemical Co., Ltd. v. INVISTA Technology Co., Ltd. for Dispute over the Application for Confirming the Effect of an Arbitration ClauseHu Shuwei and Zhao Jiangtao 18.Von Bundit Co., Ltd. v. Ningbo Beson International Trade Co., Ltd. for Dispute over the Application for Recognition and Enforcement of a Foreign Arbitral AwardSun Bin 19.Noble Resources Pte Ltd. v. Zhejiang Xiongsheng Industrial Co., Ltd. for Dispute over the Application for Recognition and Enforcement of a Foreign Arbitral AwardQin Shankui 20.Case of Application by Tipper Tie Inc. for the Recognition and Enforcement of the Ruling Rendered by the Delaware Court of Chancery in the United StatesZeng Zhiyan 21.Przedsibiorstwu Przemyslu Chlodniczego “FRIGOOPOL” S.A.w Opolu v. Ningbo Yongchang Industrial & Trading Co., Ltd. for Recognition and Enforcement of a Foreign Civil JudgmentMao Jianer Chapter FiveIntellectual Property 22.Louis Vuitton Malletier v. Dongfang Hotel,Xi’an for Dispute over Infringement upon the Exclusive Right to Use a Registered TrademarkChang Baotang 23.Bayer Aktiengesellschaft v. Luohe Guanghui Industry Co., Ltd. and Zhao for Dispute over Infringement upon the Exclusive Right to Use Registered Trademarks and Unfair CompetitionZhao Zheng 24.Park Chun Hee v. Li for Dispute over Infringement upon Trademark RightLi Guangjun Chapter SixInfringement and Other Issues 25.Poland General Directorate for National Roads and Highways v.China Overseas Engineering Group Co. Ltd. and the ExportImport Bank of China for Tort DisputeZhu Ke 26.Shaanxi Gold Land Industrial Co., Ltd. v. Hong Kong Hua Li International Co., Ltd. and Qinghai Xingqing Industry and Trade Engineering Group Co., Ltd. for Tort DisputeQi Weijun 27.Gharibwal Cement Limited (Gharibwal Company) v. Sinoma Technology & Equipment Group Co., Ltd. (Sinoma Company) and Industrial and Commercial Bank of China Limited, Tianjin Branch (ICBC Tianjin Branch) for Dispute over Fraud in GuaranteeGeng Xiaoning and Yang Zeyu 28.Viewing the ThirdParty Law Ascertainment Mechanism from the Perspective of the Case of Water Solutions (Hong Kong), Limiteds Application for the Confirmation of the Effect of the Arbitration AgreementZheng Shuyi
【文摘】 PREFACE
“BELT & ROAD” INITIATIVE: JUDICIAL
THEORIES AND PRACTICES SERIES
PREFACE
The “Belt & Road” Initiative is a major strategic deployment made by the CPC Central Committee with ** Jinping at its core out of consideration from both domestic and international perspectives to proactively meet the profound changes in global situations, is an important driver of the comprehensive deepening of reform in response to practical demands in a new era, creates a new mode of international cooperation and global governance, sets forth higher requirements for the building of the rule of law in new situations, and provides even broader developmental space for the work of the peoples courts as well as jurisprudential study.
On July 8, 2015, the Supreme Peoples Court issued the Several Opinions on the Provision of Judicial Services and Safeguards by the Peoples Courts for the Development of the “Belt & Road” Initiative, clarifying the guiding principles and standards for the peoples courts at all levels to hear “Belt & Road” related cases. In order to strengthen the theoretical research on the judicial services and safeguards for the “Belt & Road” Initiative, the Supreme Peoples Court formed the SPC Belt & Road Judicial Research Center, under which there are judicial research bases, such as the SPC “Belt & Road” Initiative Judicial Research Base, SPC FTZ Judicial Research Base, and SPC Oceanic Judicial Protection Theoretical Research Base, and proof of foreign law research bases.
For more than three year, based on Chinas national conditions and judicial patterns, all research bases have vigorously conducted jurisprudential research on specific issues encountered in the development of the “Belt & Road” Initiative, borrowed theories and practices from foreign jurisdictions, made tremendous achievements, and played an import role in studying emerging judicial issues and supporting national decisionmaking, among others. In order to sum up judicial experience in the development of the “Belt & Road” Initiative in a timely manner and maximize the service and guarantee role of the peoples courts in the development of the “Belt & Road” Initiative, the SPC Belt & Road Judicial Research Center compiled the series of “Belt & Road” Initiative: Judicial Theories and Practices.
The series is oriented to the judicial needs in the development of the “Belt & Road” Initiative, and pays attention to the combination of theory and practice, particularly to the summarization of trial experience in typical cases in the development of the “Belt & Road” Initiative, promoting theoretical enrichment and innovation based on practice to address practical issues. The series also highlights a strategic standpoint and a full field of view, and summarizes achievements in proof of foreign law and research results of great reference value to judicial practices, not only as an important summarization of Chinas practical judicial experience but also as a means to present the world with Chinas judicial wisdom and judicial experience.
As research deepens, the SPC Belt & Road Judicial Research Center will conduct further forward
looking, pertinent, and reserve research on emerging issues in the development of the “Belt & Road” Initiative, offer more specialized and constructive recommendations, and release more books that may guide practices and serve as an important reference for decisionmaking under the series, so that the series could truly become reference books for theoretical research and practice discussions, providing high quality and high level theoretical guidance for the peoples courts to serve and protect the development of the “Belt & Road” Initiative.
Luo Dongchuan
VicePresident of the Supreme Peoples Court and Justice
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