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Several Jurisdiction Issues of Foreign-related Civil & Commercial cases in China

Recently China Supreme court adjusted the level jurisdiction for foreign-related cases of civil and commercial litigation, by a new guideline to be effective since Jan.1st, 2023. Lawyers Jingzhan.Wang from Tianjin Bozhuan Law Firm is explaining the several jurisdiction issues as guided by it as follows

Jurisdiction of district-level court for foreign-related cases in China

As per the news from the court, the gross root court is empowered to govern the first instance of civil and commercial cases, except otherwise stipulated.

Jurisdiction of intermediate court for foreign-related case in China

The court of intermediate level shall have jurisdiction over cases as following:

1.       The disputed amount is comparatively huge. To be detailed, the intermediate courts of Beijing, Tianjin, Shanghai,Jiangsu, Zhejiang, Fujian,Shandong, Guangdong,Chongqing have jurisdiction over foreign-related cases in which the disputed amount is 40 million or more; the intermediate courts in other provinces and/or of military affiliation have jurisdiction over foreign-related case in which the disputed amount is 20 million or more.

2.       Cases that are complex or in which one party involves many individuals.

3.       Other foreign-related cases that is influential, falling within the jurisdictional areas of the relevant intermediate court.

Jurisdiction of higher court for foreign-related cases in China

The court of higher level shall have jurisdiction over cases of disputed amount exceeding 5 billion.

Professional trial

The foreign-related cases should be tried by a special tribunal of the relevant court.

Exception

Notwithstanding above, this latest adjustment of jurisdiction of foreign-related civil and commercial cases is not applied to  foreign-relating maritime cases, foreign-related intellectual property cases, foreign-related damages and compensation of environmental cases, and foreign-related environmental civil cases of public interes

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