Case studies for doctrine on jurisdiction in mainland

By Sally Wang, Martin Hu & Partners
0
1710

Mainland China sets stringent conditions for the application of the doctrine of forum non conveniens (see MHP’s column in the July/August 2016 issue of China Business Law Journal). The author searched on the retrieval website for judgments and found 50 cases relating to the doctrine of forum non conveniens.

SALLY WANG Partner Martin Hu & Partners
SALLY WANG
Partner
Martin Hu & Partners

Among them, the proportion of cases that must apply the doctrine in final rulings and be transferred to jurisdiction of foreign courts is quite low. A considerable number of cases were dismissed by the courts because they did not comply with the fourth or fifth provision under article 532 of the Interpretation on the Application of the Civil Procedure Law of the People’s Republic of China.

The main reason is that few cases can satisfy the very broad condition that they do not involve “the interest of the state, citizens, corporations or other organizations”. Meanwhile, the provisions that “the main facts in dispute do not occur in mainland China” and “it’s quite difficult for the court in mainland China to ascertain the facts and applicable law” are also vague, and mainly depend on the discretion of the judges regarding the definition of “main facts” and “quite difficult”.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

Sally Wang is a partner at Martin Hu & Partners

martin_hu_logo

胡光律师事务所

上海市芳甸路1155号浦东嘉里城办公楼8楼

邮编: 201204

8/F Kerry Parkside Office, 1155 Fangdian Road

Pudong New Area, Shanghai 201204, China

电话 Tel: +86 21 5010 1666

传真 Fax: +86 21 5010 1222

电子信箱 E-mail:

martin.hu@mhplawyer.com

sally.wang@mhplawyer.com

www.mhplawyer.com