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，上海国际商事法庭近日陆续高效审结多起国际商事司法协助案件，为“一带一路”跨境商事争议解决提供了高效、专业的“上海方案”。
在这起申请承认与执行新加坡高等法院商事判决的案件中，原告赵某与新加坡籍被告叶某某因一笔跨境借款纠纷诉至新加坡法院。新加坡高等法院作出生效判决，判令叶某某偿还本息合计人民币800余万元。因叶某某在我国境内有可供执行财产，赵某遂向上海国际商事法庭申请承认与执行新加坡高等法院判决。
上海国际商事法庭审理认为，我国与新加坡之间尚未缔结或者参加相互承认和执行法院民商事判决、裁定的国际条约，故应以互惠原则作为审查依据。根据最高人民法院与新加坡最高法院签署的《关于承认与执行商事案件金钱判决的指导备忘录》（以下简称中新备忘录），两国就商事案件金钱判决的承认与执行已达成互惠共识。同时，两国之间已经存在相互承认和执行对方法院判决的先例。据此，依据互惠原则裁定对案涉新加坡法院判决予以承认和执行。
中新备忘录是两国最高司法机关为加强司法合作，促进跨境商事争议解决签署的重要文件。中新备忘录为两国法院承认与执行商事判决提供了明确的制度框架，具有重要实践意义。
上海国际商事法庭依据备忘录确立的互惠共识，以及两国间存在相互承认与执行商事判决先例的事实，依法认定两国间存在互惠关系，并据此承认与执行新加坡法院判决。这是对两国最高法院司法合作备忘录的积极落实与实践，可以为同类案件裁判提供参考，也为中国与其他国家开展类似司法合作提供了有益经验。
本案裁判的作出，不仅为中新两国商事主体提供了更加稳定的法律预期，也体现了中国法院秉持开放合作理念、推进国际司法协助的积极姿态和成功实践，有利于助推中国司法对外交流合作的深度与广度，为营造国际化、法治化的营商环境提供有力司法保障。
该案涉及对一家外国企业申请承认与执行蒙古国仲裁裁决的审查。该案中，蒙古国某企业与中国某公司签订《铁矿石出口协议》，协议中约定了仲裁条款。因尾款问题，蒙古国某企业向蒙古国仲裁机构申请仲裁，仲裁机构裁决中国某公司应当支付合同尾款等。但中国某公司仍未履行义务，蒙古国某企业遂向上海国际商事法庭申请承认和执行该仲裁裁决。
审查中发现，中蒙两国签署有双边司法协助条约，但未明确有关仲裁裁决的承认与执行是否属于该双边条约的适用范围。上海国际商事法庭经审查，并依据《维也纳条约法公约》进行解释，认定上述双边条约不包含仲裁裁决的承认和执行，该案应依照《承认及执行外国仲裁裁决公约》（即《纽约公约》）对案涉仲裁裁决进行审查。经审查，案涉仲裁裁决不存在《纽约公约》规定的不予承认和执行的情形，据此裁定对案涉蒙古国仲裁裁决予以承认和执行。
该案中，鉴于蒙古国也系《取消外国公文书认证要求的公约》的签署国，该案遂依照公约简化公文书的证明手续，高效认可附加证明书的证明效力。同时，运用电子送达等数字化手段推进案件审理进程，最终该案仅耗时39天即审结。
高效审结的背后，是上海国际商事法庭对国际规则的深入理解与创新实践，以透明高效的流程为全球商事主体提供了可预期的争议解决路径，彰显了中国司法与时俱进的创新活力。
法治动能：护航“一带一路”行稳致远。从承认外国判决到执行国际仲裁裁决，上海国际商事法庭以务实行动践行对国际规则的尊重与维护。首批国际司法协助案件的审结，是服务高水平对外开放、优化法治化营商环境的具体实践。
未来，上海国际商事法庭将以首批案件为起点，持续加强国际商事司法协助工作，推动国际规则衔接与互信合作，更以案例为纽带，推动构建更加公正、透明、高效的国际商事争议解决体系。
Following the first public trial and pronouncement of a final judgment in a foreign-related commercial case on February 13, 2025, which is the first time in China that a court refers to CISG Advisory Council Opinion No.14, the Shanghai International Commercial Court has recently concluded several international commercial judicial assistance cases efficiently. These efforts have provided an effective and professional “Shanghai Solution” for resolving cross-border commercial disputes along the Belt and Road.
Recognition and Enforcement of a Singapore High Court Judgment in Accordance with the Memorandum of Judicial Cooperation between China and Singapore
In this case which applied for the recognition and enforcement of a commercial judgment of the Singapore High Court, the plaintiff, Mr. Zhao and the Singaporean defendant, Mr. Ye, filed a lawsuit basing on a cross-border loan dispute in a Singaporean court. The Singapore High Court rendered a valid judgment, ordering Ye to repay the principal and interest totaling over 8 million RMB. As Ye had property available for execution within the territory of China, Zhao applied to the Shanghai International Commercial Court for the recognition and enforcement of the judgment of the Singapore High Court.
The Shanghai International Commercial Court，after the trial, held that since there is no international treaty concluded or acceded to by China and Singapore regarding the mutual recognition and enforcement of civil and commercial court judgments or rulings, the principle of reciprocity should be taken as the basis for review.According to the Memorandum of Guidance on Recognition and Enforcement of Money Judgments In Commercial Cases signed between the Supreme People’s Court of China and the Supreme Court of Singapore (hereinafter referred to as“The Memorandum”), the two countries have reached a reciprocal consensus on the recognition and enforcement of money judgments in commercial cases. Additionally, there have been precedents for mutual recognition and enforcement of each other’s court judgments between the two countries already. Therefore, based on the principle of reciprocity, the Shanghai International Commercial Court ruled to recognize and enforce the Singapore court’s judgment in this case.
Deepen the Practice of Mutual Trust and Promote the In-Depth and Solid Development of Reciprocal Cooperation between China and Singapore
The Memorandum between China and Singapore is an important document signed by the supreme judicial authorities of the two countries to strengthen judicial cooperation and promote the resolution of cross-border commercial disputes. It provides a clear institutional framework for the recognition and enforcement of commercial judgments by the courts between the two countries, which has great practical significance.
Based on the reciprocal consensus established in the Memorandum, as well as the fact that there have been precedents for mutual recognition and enforcement of commercial judgments between China and Singapore before, the Shanghai International Commercial Court legally determined the existence of a reciprocal relationship between the two countries and, accordingly, issued an order of recognition and enforcement of judgment of the Singaporean court. This marks a positive implementation and practice of the judicial cooperation memorandum between the supreme courts of the two countries. It can serve as a reference for similar cases and provide valuable experience for China to carry out similar judicial cooperation with other countries.
The rendering of the judgment in this case not only provides a more stable legal expectation for commercial entities in both China and Singapore but also demonstrates the positive stance and successful practice of Chinese courts in upholding the principles of openness and cooperation, and advancing international judicial assistance. This contributes to the deepening and broadening of China’s judicial exchanges and cooperation with other countries, and provides strong judicial support for creating a business environment which is internationalized and law-based.
Accurately Define the Relationship between Bilateral Treaties and the New York Convention, Recognize and Enforce an Arbitration Award Made in Mongolia in accordance with the Law
This case concerns the review of an application by a foreign enterprise for the recognition and enforcement of an arbitration award made in Mongolia. In this case, a Mongolian enterprise entered into an Iron Ore Export Agreement with a Chinese company, which included an arbitration clause. Due to disputes over the final payment, the Mongolian enterprise initiated arbitration proceedings at a Mongolian arbitration institution. The arbitration tribunal ruled that the Chinese company should pay the outstanding amount under the contract, among other obligations. However, the Chinese company failed to fulfill its obligations. Thus, the Mongolian enterprise applied to the Shanghai International Commercial Court for recognition and enforcement of the arbitration award.
Upon scrutiny, it was found that China and Mongolia have signed a bilateral treaty on judicial assistance, yet it remains ambiguous whether the recognition and enforcement of arbitration awards fall within its ambit. After meticulous review, the Shanghai International Commercial Court interpreted the bilateral treaty in accordance with the Vienna Convention on the Law of Treaties, and determined that the scope of application of the aforementioned bilateral treaty does not cover the recognition and enforcement of arbitration awards. The case should therefore be reviewed in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly known as the New York Convention). Upon review, the court found that the arbitration award in question did not fall under any of the circumstances for refusal of recognition and enforcement stipulated in the New York Convention, thereby granting recognition and enforcement of the arbitration award made in Mongolia.
Innovative Mechanisms and Digital Empowerment for Efficient Conclusion of International Judicial Assistance Cases
In this case, given that Mongolia is also a signatory to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, the court utilized this convention to simplify the certifing procedures for official documents, efficiently recognizing the validity of the apostille certificates. Furthermore, the court leveraged digital tools such as electronic service of legal documents to expedite the court proceedings, culminating in a swift conclusion of this case within 39 days.
This efficient conclusion underscores the Shanghai International Commercial Court's profound understanding and innovative application of international rules. By offering a predictable dispute resolution pathway for global commercial entities through transparent and efficient procedures, the court has demonstrated the innovative dynamics of Chinese judicial systems to keep up with the times.
Driving Force of the Rule of Law: Ensuring the Steady and Long-term Progress of the Belt and Road Initiative
From recognizing foreign judgments to enforcing international arbitration awards, the Shanghai International Commercial Court has demonstrated its dedication to respecting and upholding international rules through practical actions. The conclusion of the first batch of international judicial assistance cases serves as a tangible practice of the court's commitment to supporting high-standard opening-up and optimizing the law-based business environment.
In future, the Shanghai International Commercial Court will use these pioneering cases as a stepping stone to continuously strengthen efforts on international commercial judicial assistancee, foster the convergence of international rules, mutual trust and cooperation, and, through cases, propel the establishment of a fairer, more transparent, and more efficient international commercial dispute resolution system.
文：王韶楠 刘侗侗
翻译：施明宇 王韶楠
校对：聂妍铧
值班编辑：郭葭