"一带一路"司法理论与实务纵览涉外商事案例精选 CHINA FOREIGN-RELATED COMMERCIAL SELECTED CASES

“一带一路”建设极具复杂性，相关的司法服务保障涵盖的法律问题范围很广。本书为《“一带一路”司法理论与实务纵览涉外商事案例精选》的英文版，推出英文版能够为国内外相关专家和实务界人士了解中国海事海商领域法律适用提供便利，增进沿线各国法律职业人士的相互了解、相互熟悉、相互认同。

ContentsChapter OneInternational Sales of Goods1.Sinochem International (Overseas) Pte Ltd. v. ThyssenKrupp Metallurgical Products GmbH for Dispute over a Contract for the International Sale of GoodsRen Xuefeng2.Moawea Deri Import & Export Co., Ltd. v. Dalian Xinruilong Import & Export Trade Co., Ltd. for Dispute over a Contract for the International Sale of GoodsHe Lichun3.Zoha Trading Company v. Xingtai Dongfang Bicycle Co., Ltd. and Tianjin Textile Group Import and Export Inc. for Dispute over a Contract for the International Sale of GoodsTang Na and Zhao Wei4.UGRINEKS D.O.O. v. Cangzhou Ritian PipeFittings Manufacture Co., Ltd. for Dispute over a Contract for the International Sale of Goods Zhang Hongchuan5.GLOBTRANSBAT v. Hangzhou Fuxing Group Co., Ltd. for Dispute over a Contract for the International Sale of GoodsZhang Baojun6.SLS Company Co., Ltd. v. Liaoning Chengda Trade Development Co., Ltd. (Third Party Dandong Shengde Food Co., Ltd. ) for Dispute over a Contract for the International Sale of GoodsFan ChunyuChapter TwoEquity Disputes7.Shenzhen Jindalai Investment Management Co., Ltd. v. Suqian Yinkong Water Co., Ltd. and United Water Corporation for Dispute over Equity TransferGu Haoli8.JAMAL JEBREEN ABDEL RAHMAN ALABSI v. Anji Rongsheng Fitness Equipment Co., Ltd., et al. for Dispute over Equity TransferZhu Ying9.Inner Mongolia Jiatai Investment Group Co., Ltd. v. China Bao’an Group Co., Ltd. et al. for Dispute over Equity TransferLin Jianyi10.Jiang Kaisheng v. Jiang Weitian, Jiang Chuangsheng et al. for Dispute over Confirmation of Qualification as a ShareholderLin JianyiChapter ThreeOther Contractual Disputes11.Yonghe Industrial Company, Malaysia Profits Group v. Xixiang County Peoples Government for Contractual DisputeChang Baotang12.Runipsys (Wuhan) Co., Ltd. v. Wuhan Branch of TNT China International Express Co., Ltd., et al. for Dispute over a Contract for Carriage of Cargo by AirLi Peimin13.Vered Hasharon Travel & Tours Ltd. v. Huang for Dispute over a Tourism Contract Zhou Tingting14.Fujian Materials Group Co., Ltd. v. Fujian Chengming Metal Smelting Co., Ltd. ,et al. for Contractual DisputeHuang ZhijiangChapter FourArbitration and Judicial Examination on Judgment Abroad15.Siemens International Trading (Shanghai) Co., Ltd. v. Shanghai Golden Landmark Co., Ltd. for the Application for Recognition and Enforcement of a Foreign Arbitration AwardJiang Shan and Huang Ying16.A Case Involving the Application of Tangcheng International Trading Limited for Enforcement of a Foreign Related Arbitral AwardGen Xiaoning and Zhang Xin17.Zhejiang Yisheng Petrochemical Co., Ltd. v. INVISTA Technology Co., Ltd. for Dispute over the Application for Confirming the Effect of an Arbitration ClauseHu Shuwei and Zhao Jiangtao18.Von Bundit Co., Ltd. v. Ningbo Beson International Trade Co., Ltd. for Dispute over the Application for Recognition and Enforcement of a Foreign Arbitral AwardSun Bin19.Noble Resources Pte Ltd. v. Zhejiang Xiongsheng Industrial Co., Ltd. for Dispute over the Application for Recognition and Enforcement of a Foreign Arbitral AwardQin Shankui20.Case of Application by Tipper Tie Inc. for the Recognition and Enforcement of the Ruling Rendered by the Delaware Court of Chancery in the United StatesZeng Zhiyan21.Przedsibiorstwu Przemyslu Chlodniczego “FRIGOOPOL” S.A.w Opolu v. Ningbo Yongchang Industrial & Trading Co., Ltd. for Recognition and Enforcement of a Foreign Civil JudgmentMao JianerChapter FiveIntellectual Property22.Louis Vuitton Malletier v. Dongfang Hotel,Xi’an for Dispute over Infringement upon the Exclusive Right to Use a Registered TrademarkChang Baotang23.Bayer Aktiengesellschaft v. Luohe Guanghui Industry Co., Ltd. and Zhao for Dispute over Infringement upon the Exclusive Right to Use Registered Trademarks and Unfair CompetitionZhao Zheng24.Park Chun Hee v. Li for Dispute over Infringement upon Trademark RightLi GuangjunChapter SixInfringement and Other Issues25.Poland General Directorate for National Roads and Highways v.China Overseas Engineering Group Co. Ltd. and the ExportImport Bank of China for Tort DisputeZhu Ke26.Shaanxi Gold Land Industrial Co., Ltd. v. Hong Kong Hua Li International Co., Ltd. and Qinghai Xingqing Industry and Trade Engineering Group Co., Ltd. for Tort DisputeQi Weijun27.Gharibwal Cement Limited (Gharibwal Company) v. Sinoma Technology & Equipment Group Co., Ltd. (Sinoma Company) and Industrial and Commercial Bank of China Limited, Tianjin Branch (ICBC Tianjin Branch) for Dispute over Fraud in GuaranteeGeng Xiaoning and Yang Zeyu28.Viewing the ThirdParty Law Ascertainment Mechanism from the Perspective of the Case of Water Solutions (Hong Kong), Limiteds Application for the Confirmation of the Effect of the Arbitration AgreementZheng Shuyi

PREFACE“BELT & ROAD” INITIATIVE: JUDICIAL THEORIES AND PRACTICES SERIESPREFACEThe “Belt & Road” Initiative is a major strategic deployment made by the CPC Central Committee with President Xi Jinping at its core out of consideration from both domestic and international perspectives to proactively meet the profound changes in global situations, is an important driver of the comprehensive deepening of reform in response to practical demands in a new era, creates a new mode of international cooperation and global governance, sets forth higher requirements for the building of the rule of law in new situations, and provides even broader developmental space for the work of the peoples courts as well as jurisprudential study.On July 8, 2015, the Supreme Peoples Court issued the Several Opinions on the Provision of Judicial Services and Safeguards by the Peoples Courts for the Development of the “Belt & Road” Initiative, clarifying the guiding principles and standards for the peoples courts at all levels to hear “Belt & Road” related cases. In order to strengthen the theoretical research on the judicial services and safeguards for the “Belt & Road” Initiative, the Supreme Peoples Court formed the SPC Belt & Road Judicial Research Center, under which there are judicial research bases, such as the SPC “Belt & Road” Initiative Judicial Research Base, SPC FTZ Judicial Research Base, and SPC Oceanic Judicial Protection Theoretical Research Base, and proof of foreign law research bases.For more than three year, based on Chinas national conditions and judicial patterns, all research bases have vigorously conducted jurisprudential research on specific issues encountered in the development of the “Belt & Road” Initiative, borrowed theories and practices from foreign jurisdictions, made tremendous achievements, and played an import role in studying emerging judicial issues and supporting national decisionmaking, among others. In order to sum up judicial experience in the development of the “Belt & Road” Initiative in a timely manner and maximize the service and guarantee role of the peoples courts in the development of the “Belt & Road” Initiative, the SPC Belt & Road Judicial Research Center compiled the series of “Belt & Road” Initiative: Judicial Theories and Practices.The series is oriented to the judicial needs in the development of the “Belt & Road” Initiative, and pays attention to the combination of theory and practice, particularly to the summarization of trial experience in typical cases in the development of the “Belt & Road” Initiative, promoting theoretical enrichment and innovation based on practice to address practical issues. The series also highlights a strategic standpoint and a full field of view, and summarizes achievements in proof of foreign law and research results of great reference value to judicial practices, not only as an important summarization of Chinas practical judicial experience but also as a means to present the world with Chinas judicial wisdom and judicial experience.As research deepens, the SPC Belt & Road Judicial Research Center will conduct further forwardlooking, pertinent, and reserve research on emerging issues in the development of the “Belt & Road” Initiative, offer more specialized and constructive recommendations, and release more books that may guide practices and serve as an important reference for decisionmaking under the series, so that the series could truly become reference books for theoretical research and practice discussions, providing high quality and high level theoretical guidance for the peoples courts to serve and protect the development of the “Belt & Road” Initiative.Luo DongchuanVicePresident of the Supreme Peoples Court and JusticeMarch 7th, 2019