中国海事商事仲裁资讯2024年第1季度,2024Q1

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

SPC releases Provisions on Jurisdiction over Foreign-Related Civil and Commercial Cases (Provisions)

FROM:CMAC | 2022-11-15

The SPC issues Provisions on Nov 15 clarifying, in principle, the first instance of foreign-related civil and commercial disputes shall be handled by district-level courts. The Provisions will come into effect on Jan 1.

Reportedly, the Provisions on the basis of Civil Procedure Law states that district-level courts are responsible for handling civil and commercial disputes involving foreign litigants for first instance. While intermediate-level courts hear foreign-related cases involving massive amounts of money, complicated circumstances, multiple litigants or social repercussions.

Whilst in view of the different situations in different regions, the uneven distribution of the number of foreign-related cases, the uneven allocation of foreign-related judicial forces and other issues, the Provisions enables the Higher People's Courts to, according to the situation and local conditions, deem it as necessary and report to the SPC for approval, and may still implement the mechanism of cross regional centralized jurisdiction of first instance foreign-related civil and commercial cases in some district-level courts and in a few intermediate courts.

(Source: Xinhua Net)