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，上海國際商事法庭近日陸續高效審結多起國際商事司法協助案件，為“一帶一路”跨境商事爭議解決提供了高效、專業的“上海方案”。

在這起申請承認與執行新加坡高等法院商事判決的案件中，原告趙某與新加坡籍被告葉某某因一筆跨境借款糾紛訴至新加坡法院。新加坡高等法院作出生效判決，判令葉某某償還本息合計人民幣800余萬元。因葉某某在我國境內有可供執行財產，趙某遂向上海國際商事法庭申請承認與執行新加坡高等法院判決。

上海國際商事法庭審理認為，我國與新加坡之間尚未締結或者參加相互承認和執行法院民商事判決、裁定的國際條約，故應以互惠原則作為審查依據。根據最高人民法院與新加坡最高法院簽署的《關于承認與執行商事案件金錢判決的指導備忘錄》（以下簡稱中新備忘錄），兩國就商事案件金錢判決的承認與執行已達成互惠共識。同時，兩國之間已經存在相互承認和執行對方法院判決的先例。據此，依據互惠原則裁定對案涉新加坡法院判決予以承認和執行。

中新備忘錄是兩國最高司法機關為加強司法合作，促進跨境商事爭議解決簽署的重要文件。中新備忘錄為兩國法院承認與執行商事判決提供了明確的制度框架，具有重要實踐意義。

上海國際商事法庭依據備忘錄確立的互惠共識，以及兩國間存在相互承認與執行商事判決先例的事實，依法認定兩國間存在互惠關系，并據此承認與執行新加坡法院判決。這是對兩國最高法院司法合作備忘錄的積極落實與實踐，可以為同類案件裁判提供參考，也為中國與其他國家開展類似司法合作提供了有益經驗。

本案裁判的作出，不僅為中新兩國商事主體提供了更加穩定的法律預期，也體現了中國法院秉持開放合作理念、推進國際司法協助的積極姿態和成功實踐，有利于助推中國司法對外交流合作的深度與廣度，為營造國際化、法治化的營商環境提供有力司法保障。

該案涉及對一家外國企業申請承認與執行蒙古國仲裁裁決的審查。該案中，蒙古國某企業與中國某公司簽訂《鐵礦石出口協議》，協議中約定了仲裁條款。因尾款問題，蒙古國某企業向蒙古國仲裁機構申請仲裁，仲裁機構裁決中國某公司應當支付合同尾款等。但中國某公司仍未履行義務，蒙古國某企業遂向上海國際商事法庭申請承認和執行該仲裁裁決。

審查中發現，中蒙兩國簽署有雙邊司法協助條約，但未明確有關仲裁裁決的承認與執行是否屬于該雙邊條約的適用范圍。上海國際商事法庭經審查，并依據《維也納條約法公約》進行解釋，認定上述雙邊條約不包含仲裁裁決的承認和執行，該案應依照《承認及執行外國仲裁裁決公約》（即《紐約公約》）對案涉仲裁裁決進行審查。經審查，案涉仲裁裁決不存在《紐約公約》規定的不予承認和執行的情形，據此裁定對案涉蒙古國仲裁裁決予以承認和執行。

該案中，鑒于蒙古國也系《取消外國公文書認證要求的公約》的簽署國，該案遂依照公約簡化公文書的證明手續，高效認可附加證明書的證明效力。同時，運用電子送達等數字化手段推進案件審理進程，最終該案僅耗時39天即審結。

高效審結的背后，是上海國際商事法庭對國際規則的深入理解與創新實踐，以透明高效的流程為全球商事主體提供了可預期的爭議解決路徑，彰顯了中國司法與時俱進的創新活力。

法治動能：護航“一帶一路”行穩致遠。從承認外國判決到執行國際仲裁裁決，上海國際商事法庭以務實行動踐行對國際規則的尊重與維護。首批國際司法協助案件的審結，是服務高水平對外開放、優化法治化營商環境的具體實踐。

未來，上海國際商事法庭將以首批案件為起點，持續加強國際商事司法協助工作，推動國際規則銜接與互信合作，更以案例為紐帶，推動構建更加公正、透明、高效的國際商事爭議解決體系。

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 劉侗侗

翻譯：施明宇 王韶楠

校對：聶妍鏵

值班編輯：郭葭