China question: How do I select the best court to hear my case?
September 28, 2016 | BY
Katherine Jo &clp articles &What is the best approach to litigation for a foreign company in China? What are the risks and restrictions to be aware of when drawing up a dispute resolution clause and selecting a forum? What specific features related to proceedings, jurisdiction and enforcement must a party take into account?
The commercial litigation perspective
|Governing law
Shangdong Jufeng Network Co. Ltd. v. Korea MGAME Corp. |
Actual connection
|Mandatory jurisdiction
- Disputes relating to real estate must be under the jurisdiction of the court at the place where the property is located;
- Disputes arising from port/harbor operations must be under the jurisdiction of the court at the place where the port/harbor is located;
- Inheritance disputes must be under the jurisdiction of the court at the place of the domicile of the deceased upon death or at the place where a substantial part of the inherited property is located; and
- Disputes arising out of or relating to the contracts for Sino-foreign equity joint ventures, Sino-foreign contractual joint ventures or Sino-foreign cooperative exploration and exploitation of natural resources that are performed in China must be under the jurisdiction of Chinese courts.
Foreign judgment enforcement
PRC Civil Procedure Law |
Risks
Huafang (Mary) Zhu Jiayun (Michelle) Shi
The IP litigation perspective
Li Yang Electronics v. Tong Fang Lighting (2015) Cai v. Mei Li Da Plastics (2015) Fang Qi
The commercial litigation perspective
|Governing law
Shangdong Jufeng Network Co. Ltd. v. Korea MGAME Corp. |
Actual connection
|Mandatory jurisdiction
- Disputes relating to real estate must be under the jurisdiction of the court at the place where the property is located;
- Disputes arising from port/harbor operations must be under the jurisdiction of the court at the place where the port/harbor is located;
- Inheritance disputes must be under the jurisdiction of the court at the place of the domicile of the deceased upon death or at the place where a substantial part of the inherited property is located; and
- Disputes arising out of or relating to the contracts for Sino-foreign equity joint ventures, Sino-foreign contractual joint ventures or Sino-foreign cooperative exploration and exploitation of natural resources that are performed in China must be under the jurisdiction of Chinese courts.
Foreign judgment enforcement
PRC Civil Procedure Law |
Risks
Huafang (Mary) Zhu Jiayun (Michelle) Shi
The IP litigation perspective
Li Yang Electronics v. Tong Fang Lighting (2015) Cai v. Mei Li Da Plastics (2015) Fang Qi
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