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The Supreme People's Court issued the "Provisions on Several Issues Concerning the Jurisdiction over Foreign-Related Civil and Commercial Cases"

On November 15th, the Supreme People's Court issued the "Provisions of the Supreme People's Court on Several Issues Concerning the Jurisdiction over Foreign-Related Civil and Commercial Cases,” which shall come into force on January 01, 2023.
"Provisions of the Supreme People's Court on Several Issues Concerning the Jurisdiction over Foreign-Related Civil and Commercial Cases,” as adopted at the 1872nd meeting of the Judicial Committee of the Supreme People's Court on August 16, 2022, are hereby issued, and shall come into force on January 01, 2023.


                                                                    The Supreme People's Court
                                                                           November 14, 2022
Judicial Interpretation [2022] No. 18


Provisions of the Supreme People's Court on Several Issues Concerning the Jurisdiction over Foreign-Related Civil and Commercial Cases


(Adopted at the 1872nd meeting of the Judicial Committee of the Supreme People's Court on August 16, 2022, and coming into force on January 01, 2023)


For the purpose of protecting the legitimate rights and interests of Chinese and foreign parties in accordance with the law, facilitating litigations filed by the parties, and further improving the quality and efficiency of foreign-related civil and commercial trials, these Provisions are formulated in accordance with the provisions of the "Civil Procedure Law of the People's Republic of China" and in light of trial practice.


Article 1  The Primary People's Courts shall have jurisdiction over first-instance foreign-related civil and commercial cases, unless otherwise provided by law or judicial interpretation.


Article 2  The Intermediate People's Courts shall have jurisdiction over the following first-instance foreign-related civil and commercial cases:


(1) Foreign-related civil and commercial cases with high-value subject matters in dispute.
Intermediate People's Courts under the jurisdiction of Beijing, Tianjin, Shanghai, Jiangsu, Zhejiang, Fujian, Shandong, Guangdong, and Chongqing shall have jurisdiction over foreign-related civil and commercial cases with a subject matter of litigation of no less than RMB 40 million (inclusive);
Intermediate People's Courts under the jurisdiction of Hebei, Shanxi, Inner Mongolia, Liaoning, Jilin, Heilongjiang, Anhui, Jiangxi, Henan, Hubei, Hunan, Guangxi, Hainan, Sichuan, Guizhou, Yunnan, Tibet, Shaanxi, Gansu, Qinghai, Ningxia, and Xinjiang, and Military Courts directly under the People's Liberation Army's theaters and headquarters, and Intermediate People's courts under the jurisdiction of the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region shall have jurisdiction over foreign-related civil and commercial cases with a subject matter of litigation of no less than RMB 20 million (inclusive).


(2) Foreign-related civil and commercial cases with complex circumstances or a large number of persons on one party.


(3) Other foreign-related civil and commercial cases that have significant influence in the jurisdiction.
Where laws and judicial interpretations provide otherwise for the jurisdiction of Intermediate People's Courts over first-instance foreign-related civil and commercial cases, the relevant provisions shall be followed.


Article 3  The High People's Courts shall have jurisdiction over first-instance foreign-related civil and commercial cases where the subject matter of litigation is more than RMB 5 billion (inclusive) or other cases that have significant influence in the jurisdiction.


Article 4  Where a High People's Court deems it necessary based on the actual situation in its jurisdiction, it may, upon approval by the Supreme People's Court, designate one or more Primary People's Courts and Intermediate people's courts to exercise cross-regional centralized jurisdiction over the first-instance foreign-related civil and commercial cases stipulated in Articles 1 and 2 of these Provisions.
Where cross-regional centralized jurisdiction is implemented in accordance with the provisions of the preceding paragraph, the High People's Court shall promptly announce to the public the corresponding jurisdiction areas of the Primary People's Courts and the Intermediate People's Courts.


Article 5  Foreign-related civil and commercial cases shall be heard by special tribunals or collegial benches.


Article 6  Foreign-related maritime affairs and maritime commerce disputes, foreign-related intellectual property disputes, foreign-related ecological and environmental damage compensation disputes, as well as foreign-related environmental civil public interest litigation cases are not subject to these Provisions.


Article 7  These Provisions shall apply mutatis mutandis to civil and commercial cases involving Hong Kong and Macao special administrative regions and Taiwan.


Article 8  These Provisions shall come into force on January 01, 2023, and shall apply to the cases accepted after the implementation of these Provisions.  


Article 9  If the judicial interpretations previously issued by the Court are inconsistent with these Provisions, these Provisions shall prevail.


https://www.court.gov.cn/fabu-xiangqing-379181.html


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