On September 27, the Supreme People's Court issued the fourth batch of typical cases involving the construction of the "the Belt and Road". Since the launch of the "the Belt and Road" initiative, the People's Court has adhered to the principle of joint consultation, joint construction and sharing, adhered to fairness, efficiency and convenience, adhered to respect for party autonomy, adhered to the diversification of dispute resolution, and achieved remarkable results in resolving disputes related to the "the Belt and Road" construction. The 12 typical cases released this time, involving multiple types of foreign-related commercial disputes such as international goods sales, independent letters of guarantee, letters of credit, audit tort compensation, insurer subrogation, financial derivatives transactions, legal service contracts, equity transfer, as well as cases of recognition and enforcement of Hong Kong arbitration awards, recognition and enforcement of foreign civil judgments, are common cases in the construction of the "the Belt and Road", The legal disputes involved are highly representative. These typical cases have the following characteristics: firstly, to create a high-quality legal business environment and equally protect the legitimate rights and interests of domestic and foreign investors. Reiterating the institutional value of the independent guarantee letter as "payment on demand", clarifying that the payment obligation of the guarantee letter is not affected by the defense rights under the underlying transaction, and clarifying the criteria for determining "good faith payment" under the counter guarantee letter; Clarify the theoretical basis of the duty of care and tort liability of accounting firms in auditing, and emphasize that people's courts have no right to expand the scope of identifying interested parties beyond the provisions of laws and judicial interpretations; Accurately defining the scope of legal service contracts and the boundaries of commercial risks, pointing out that law firms provide legal services for equity transactions and have no obligation to review whether the engineering contracts signed by the target company before the equity transaction are fair and reasonable, and reminding Chinese enterprises to further enhance their legal awareness and risk control capabilities in the process of "going out". The second is to maintain a fair and competitive market order, and unify the judgment scale. Clarify controversial issues such as the determination of matching claims and fraud in foreign-related independent guarantee letter disputes, and explain that the beneficiary of the counter guarantee letter may conceal facts and falsely submit surface matching claim requests without obtaining payment request rights, which may constitute fraud due to the abuse of payment request rights; Emphasize the independent review responsibility of the negotiating bank under the letter of credit transaction, and establish the judgment criteria for whether the negotiating bank's negotiation behavior is in good faith; Clarify the differences between repurchase commercial arrangements and equity transfer guarantees in equity transfer, and conduct a comprehensive analysis of the purpose of the contract, the subordinate characteristics of the transfer guarantee, and whether the shareholder rights of the transferee are restricted. The selected typical cases fully demonstrate the fundamental, stable, and long-term protection role of the rule of law, which is of great significance for effectively protecting the market expectations of domestic and foreign investors and creating a market-oriented, legal, and international business environment. The third is to improve the system of rules for the application of foreign-related commercial laws and accurately apply applicable laws. Accurately understand and apply the invalidation clause in the United Nations Convention on Contracts for the International Sale of Goods, defining the period for fundamental breach of contract and the exercise of the right to terminate; According to the provisions of the Vienna Convention on the Law of Treaties, accurately interpret the Montreal Convention and confirm that the two-year statute of limitations stipulated in Article 35 of the Montreal Convention is applicable to the provisions of the law of the forum on the suspension and interruption of statute of limitations; charge
Edit：Jia Jia Responsible editor：Wang Chen
Source：rmfyb.chinacourt.org
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