SPC Revises Rules on Jurisdiction over Foreign-Related Civil and Commercial Cases
Practical Law China
SPC Revises Rules on Jurisdiction over Foreign-Related Civil and Commercial Cases
Practical Law China
On November 15 2022, the Supreme People’s Court (SPC) issued the Provisions on Certain Issues Concerning the Jurisdiction of Foreign-Related Civil and Commercial Cases, with effect from January 1 2023. The provisions, which will replace similar rules issued in 2002, delegate to China’s primary people’s courts jurisdiction over some first instance civil and commercial cases involving foreign elements.
In the November edition of GC Agenda China (subscription required), Morrison Foerster partner Timothy Blakely commented on the new provisions that, “The revised provisions significantly expand the jurisdiction of primary people’s courts to hear foreign-related civil and commercial cases. This may streamline the resolution of such cases (which are not subject to mandatory case deadlines) by reducing the current burden on certain intermediate people’s courts. On the other hand, this change will require primary people’s courts to handle more complex issues that arise in foreign-related cases, which may present challenges, at least initially. The revised provisions also mean that more foreign-related civil and commercial cases (subject to important carveouts, including for IP claims) will be heard in the local hometown primary courts of Chinese parties rather than in more-distant intermediate people’s courts.”
Regions