The Symposium on the Ascertainment of Foreign Laws in the Context of Foreign-related Rule of Law Was Held in Beijing

On October 30, hosted by the Academy for the Rule of Law of China University of Political Science and Law and the Secretariat of the International Commercial Dispute Prevention and Settlement Organization (ICDPASO), a symposium on the Ascertainment of Foreign Laws in the Context of Foreign-related Rule of Law was held in Beijing.

Nearly 40 participants including judges, scholars and lawyers from courts, research institutions, law firms and companies conducted extensive and in-depth discussions on the application of law in foreign-related economic exchanges and the procedures and substantive issues of the ascertainment, interpretation, and application of foreign laws in commercial disputes.

HUANG Jin, President of China Society of International Law, Professor of Academy for the Rule of Law of China University of Political Science and Law delivered a opening speech for the symposium. He pointed out that the ascertainment of foreign laws has always been a challenge in judicial practice, given the vast array of laws in all countries. The ascertainment of foreign laws is a powerful manifestation of implementing Xi Jinping Thought on the Rule of Law, comprehensively promoting the rule of law, and comprehensively enhancing the modernization of China’s governance system and governance capacity. He hoped that experts and scholars from various universities and research institutes, judges of judicial practice, lawyers, corporate legal practitioners are able to deepen, refine and solidify the work on the theory and practice of foreign law ascertainment, seek the role of bellwether and provide intellectual and talent support for theoretical and practical issues of foreign-related rule of law.

Taking issues involving the current practice and development trend of foreign law ascertainment, foreign law ascertainment and its key difficulties from the perspective of judges, legal needs of enterprises and examples of foreign law ascertainment, and case studies of foreign law ascertainment by lawyers as the main points, the symposium thoroughly discussed the current development, difficult issues, solutions and future trends of foreign law ascertainment in the context of foreign-related rule of law in a multi-dimensional, multi-level and multi-faceted manner. HU Fang, Deputy Chief Judge of the Fourth Civil Division of the Supreme People's Court of P.R.C., MA Jun, Chief Judge of the Fourth Intermediate People's Court of Beijing Municipality, YAN Yonglian, Judge of the Third Civil Division of the Primary People's Court of Dongcheng District of Beijing Municipality, GAO Xiang, Vice President of China Society of Comparative Law, KONG Qingjiang, Dean of the School of International Law of China University of Political Science and Law, DU Tao, Dean of the School of International Law of East China University of Political Science and Law, XIAO Jingyi, Executive Director of Benchmark Chambers International & Benchmark International Mediation Center of Shenzhen, and representatives from leading foreign-related companies such as NAURA Technology Group, Hanwang Technology, Kuaishou Technology, and law firms including Yingke Law Firm, Yuanhe Partners, Davis Polk & Wardwell LLP jointly conducted in-depth discussions and actively provided suggestions on the development of foreign law ascertainment.

LIU Chao, Secretary-General of ICDPASO, Director General of Department of Legal Affairs of China Council for the Promotion of International Trade, delivered a concluding speech and stated that the ascertainment of foreign law is a critical part of the trial process of international civil and commercial cases, and also a critical link covering the entire chain of prevention and resolution of international commercial disputes. As the only international organization in the world that integrates the prevention and resolution of international commercial disputes, ICDPASO will give full play to the role of the international organization platform, gradually improve country-specific legal research, release dynamic information on legal ascertainment, and work together with various agencies to contribute to the high-quality development of law ascertainment.