Though not a common law country, “China is developing its own type of case law”. The Shanghai Maritime Court’s ruling “may be intended to be atypical case”.
On 28 April 2022, Professor Susan Finder was quoted in an article published by China Business Law Journal and its affiliated journals, Asia Business Law Journal, China Business Law Journal, India Business Law Journal and law.asia. The article appeared on Wechat as well.
The article,Chinese court recognises UK commercial judgment for first time, discussed a recent ruling rendered by the Shanghai Maritime Court, which recognizes and enforces a commercial judgment made at the UK High Court based on the principle of reciprocity. The ruling marks the first time a Chinese court has recognized and enforced an English court judgment. The ruling obtained the prior approval of the Supreme People’s Court (SPC) and was issued after the SPC issued the late December Minutes of the National Symposium on Foreign-Related Commercial and Maritime Trial Work (Foreign-Related Commercial & Maritime Law Meeting Minutes).
Distinguished Scholar in Residence Finder has long had an interest in the evolution of case law, dating back to her 1993 article on the SPC in the Journal of Chinese Law. She explained that although China was not a common law country, “it is developing its own type of case law.” People’s Court Daily (人民法院报) had previously quoted her comments on the case law of the China International Commercial Court. Additionally, Professor Finder pointed out the distinction between different types of case law in China: “Precedents are not binding, butguiding casesshould be ‘referred to’ unless the case conflicts with subsequently issued law or judicial interpretations.” The Shanghai Maritime Court’s ruling “may be intended to be atypical case”.
