The Necessity and Benchmark of the Expended Interpretation of Foreign Element Recognition Clause—Take Siemens v. Gold Land Case for Example

In the case of Siemens International Trade（Shanghai）Limited VS Gold Place Shanghai Limited, the controversial issue is whether it is necessary for the judge to expand the interpretation of foreign-related factors. Because of the inherent disadvantages of the foreign element recognition clause itself and its increasingly prominent signs of lagging and simple rigidity, it is necessary for legal applicators to expand the interpretation of foreign-related factors clauses. In order to guard against misinterpretation, the interpreter must comply with the inherent principle and the original meaning of the foreign element identification clause. The principle standards of the interpreter are that the interpreter must comply with the basic principles of private international law and strictly fit the new development appeal of international civil and commercial practice. Meanwhile, the expansion must follow the connotation and the extension of the concept of foreign-related factors. The expansion must abide by the identification sequence from the form criterion（the epithelial standard）to the substance criterion（the connotation standard）.