On 14 May 2025, the Shanghai International Commercial Court (“<span class="news-text_medium">SICC</span>”) issued its first investigation order in support of a Shanghai-seated foreign-related arbitration. This follows a request from the Shanghai International Arbitration Centre (“<span class="news-text_medium">SHIAC</span>”) for a factual investigation, marking a significant step forward in judicial assistance for foreign-related arbitrations in China. This case is the first under the Measures on Issuance of Investigation Orders in Support of Factual Investigations in Arbitration (Trial Version), introduced by the Shanghai High Court in 2023.
The SICC issued the order under these newly established regulations, which allow competent Shanghai courts to assist domestic and foreign-related arbitrations seated in Shanghai, with the SICC holding exclusive jurisdiction for foreign-related disputes.
The arbitration at the centre of the case involved a cross-border data transfer agreement between a Hong Kong company, a foreign company and a Mainland China company. The dispute concerned the identity of individuals who negotiated the contract via WeChat and whether they had the authority to bind the parties. The SHIAC tribunal had requested evidence on the identity of the WeChat users, but the application operator refused to cooperate. The tribunal then issued an interim decision under SHIAC’s rules supporting the request for a factual investigation, which was subsequently transferred to the SICC.
In accordance with PRC Arbitration Law, which limits the authority of arbitral tribunals to issue binding interim orders, the tribunal's decision was presented to the court for consideration. The SICC granted the investigation order based on several factors, including the relevance and necessity of the evidence for resolving the dispute, the unsuccessful efforts made by both the parties and the tribunal to obtain the evidence and the tribunal’s due process in issuing the interim measures.
As a result, the operator was compelled to disclose the requested identities to the requesting party. This case represents the first instance of judicial assistance provided by Chinese courts for a factual investigation in a foreign-related arbitration, thereby establishing a significant precedent.
