Chronology of Practice: Chinese Practice in Private International Law in 2025

Abstract

The 2025 survey of Chinese practice in private international law highlights developments in seven areas. First, four revised laws, four new and two revised administrative regulations, and two judicial interpretations were adopted. China also ratified the Convention on the Establishment of the International Organization for Mediation and the Judicial Assistance Agreement with Serbia. Second, more than 155 typical cases were published. From 2021 to 2025, Chinese courts concluded 159,000 foreign-related cases, and China had established two international commercial courts of the Supreme People’s Court and 18 local international commercial courts by 2025. Third, regarding jurisdiction, one typical case applied the “other appropriate connection” basis, while express and implied prorogation of jurisdiction were applied in various cases. Foreign parties submitted 23 cases to the Shanghai Maritime Court despite having no actual connection with China. Fourth, choice-of-law rules in the Maritime Law and Civil Aviation Law were revised, while foreign law ascertainment remained prominent in typical cases. Extraterritorial application, anti-sanctions and other mandatory rules also gained prominence. Fifth, recognition of a Japanese bankruptcy judgment based on reciprocity marked a potential breakthrough. Sixth, the revised Arbitration Law substantially improved international commercial arbitration and permitted ad hoc arbitration in designated areas. Finally, the Regulation on Commercial Mediation established China’s first administrative regulatory framework for commercial mediation.