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 SPC Issues Provisions to Regulate Jurisdiction over Foreign-Related Civil and Commercial Cases
Chinese
Category:Legislative Updates  
Keywords:civil and commercial cases;  SPC
Source:Pkulaw
Publish Date:11-24-2022
 
Recently, the Supreme People's Court (SPC) issued the Provisions on Several Issues Concerning Jurisdiction over Foreign-Related Civil and Commercial Cases, effective from January 1, 2023.
The Provisions clarify the hierarchical jurisdiction of foreign-related civil and commercial cases of first instance. Primary people's courts have jurisdiction over trials of foreign-related civil and commercial cases in the first instance, unless the cases involve a large amount in dispute or have complicated circumstances or significant impacts within the jurisdiction. Under these circumstances, the cases should be under the jurisdiction of intermediate people's courts. The high people's courts have jurisdiction over cases with an amount in dispute of more than five billion. Where a high people's court believes that it is truly necessary, it may, with the approval of the Supreme People's Court, nominate one or several primary people's courts or intermediate people's courts to exercise cross-regional centralized jurisdiction over foreign-related civil and commercial cases in the first instance. The Provisions also stipulate that foreign-related civil and commercial cases should be tried by special tribunals or collegial benches. These Provisions should not apply to foreign-related cases regarding maritime disputes or intellectual property disputes. The civil and commercial cases related to Hong Kong, Macao, and Taiwan region should be handled, mutatis mutandis, in accordance with these Provisions.
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