Sanya Tribunal Signed Memo with the Second Foreign-related Civil and Commercial Court of Hainan
On December 5, Cai Binhang, head of Haikou Maritime Court Sanya Tribunal, and Ma Xuetao, candidate president of the Second Foreign-related Civil and Commercial Court of Hainan, signed the Memorandum of Understanding on Judiciary Collaboration, aiming at exploring new approaches to improve the judicial quality and efficiency of foreign-related civil and commercial cases.
For the purpose of improving the legal environment of Hainan free trade zone (port) and providing judicial guarantee for the building of a law-based international business environment with convenient facilities within their jurisdiction areas, Sanya tribunal and the Second Foreign-related Civil and Commercial Court of Hainan held a meeting to discuss the overlapping issues that might arise during the trial of foreign-related civil and commercial cases. By signing the Memo, the courts agreed to start judicial collaboration in five aspects:
First, sharing of case information. The courts agreed to exchange information about the risks and litigation processes of foreign-related cases on a regular basis. For cases involving the same litigants, joint mediation might be taken to resolve disputes.
Second, sharing of diverse dispute resolution platform. The courts agreed to share working facilities such as court room, mediation room, and meeting room. The in-house mediators, invited mediators, scholars, and experts of the other side might take part in dispute resolution to improve the capability and efficiency of the resolution of disputes.
Third, sharing of litigation service platform. The two courts agreed to share litigant’s information and offer judicial assistance to each other. In service of process abroad, they might assist each other by means of joint service or service by entrustment, and even in acceptance of case, if appropriate.
Fourth, sharing of judicial experiences. The two courts agreed to invite judges from the other side to attend judge meetings and to study and discuss typical cases.
Fifth, sharing of study platform. The two courts agreed to hold learning and exchange activities and open their libraries to each other. More events such as case study seminars, study of the latest law development, and foreign language study would be held to build a judicial team with international vision.
To ensure good operation of the judicial collaboration, the two courts appointed their contact persons, and agreed to make regular communications and hold joint meetings by turn.