Provisions on Several Issues Concerning the Application of the Law in Trials of Foreign-related Civil and Commercial Contract Disputes

关于审理涉外民事或商事合同纠纷案件法律适用若干问题的规定

This Provisions aims to further clarify the issue on the conflict of laws for foreign-related civil and commercial contract disputes and recognizes the parties' expressed choice of laws.

(Promulgated by the Supreme People's Court on July 23 2007 and effective as of August 8 2007.)

SPC Interpretation [2007] No.14

These Provisions have been formulated pursuant to the relevant provisions of the PRC General Principles for Civil Law, the PRC Contract Law, etc., in order to correctly try foreign-related civil and commercial disputes and accurately apply the law.

(最高人民法院于二零零七年七月二十三日公布,自二零零七年八月八日起施行。) 

Article 1: The law applicable to foreign-related civil and commercial contracts refers to the substantive law of the relevant country or region, exclusive of the conflict of laws and procedural law.

法释 [2007] 14号

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]