The Jiangsu High Court has strengthened its foreign-related judicial work, implementing a quality strategy to promote international judicial cooperation and improve the diversified resolution mechanism for international commercial disputes. On November 24, the court released a batch of typical cases in foreign-related commercial and maritime trials to better demonstrate the guiding role of judicial practice.
Among the cases published, a dispute over an international goods sales contract between a Singaporean engineering company and a Jiangsu-based technology company was highlighted. The court correctly applied the United Nations Convention on Contracts for the International Sale of Goods (CISG) to clarify the scope of third-party obstacles to performance.
In December 2021, the Jiangsu company contracted with the Singaporean firm to purchase steel pipes produced by Italy's RIVIT, with deliveries scheduled for August 17 and September 28, 2022. The Jiangsu company paid a 30% advance but the Singaporean firm failed to deliver on time. After repeated email requests for confirmation of delivery dates in June and September 2022, the Singaporean company finally delivered the goods in batches between May and June 2023.
The Singaporean firm then sued for the remaining payment, interest, and freight costs, while the Jiangsu company counterclaimed, demanding compensation for delayed delivery. The Singaporean party argued that the delay was due to force majeure affecting its supplier, thus exempting liability under CISG.
However, the Wuxi Intermediate People’s Court ruled that the Singaporean company’s claim did not meet the CISG’s exemption criteria for performance obstacles. It ordered the Singaporean firm to pay delayed delivery penalties, offset against the Jiangsu company’s outstanding payment obligation. The final judgment required the Jiangsu company to pay €426,000 plus interest to the Singaporean firm. Both parties accepted the verdict without appeal.
The selected cases cover international trade, letters of credit, recognition of foreign judgments, and international maritime transport, reflecting Jiangsu courts’ accurate application of international treaties and practices to advance judicial cooperation.
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