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22 November 2022

SPC Issues Provisions On Several Issues Concerning The Jurisdiction Of Foreign-Related Civil And Commercial Cases

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The Provisions determines that ordinary first-instance foreign-related civil and commercial cases shall be under the jurisdiction of basic-level people's courts.
China Litigation, Mediation & Arbitration

On November 15, 2022, the Supreme People's Court (SPC) issued the Provisions of the Supreme People's Court on Several Issues Concerning the Jurisdiction of Foreign-related Civil and Commercial Cases, which will come into force on January 1, 2023.

The Provisions determines that ordinary first-instance foreign-related civil and commercial cases shall be under the jurisdiction of basic-level people's courts. Intermediate people's courts have jurisdiction over foreign-related civil and commercial cases with high-value subject matters (and meantime the specific criteria on high-value subject matters in various localities are determined), foreign-related civil and commercial cases in which the facts are complicated or in which there is a large number of persons on one party, and other foreign-related civil and commercial cases that have a significant impact in their jurisdictions. The Higher People's Courts have jurisdiction over first-instance foreign-related civil and commercial cases in which the value of the subject matter is more than RMB 5 billion (inclusive) or which have a significant impact in their jurisdictions.

Meantime, it is clarified that the Provisions does not apply to foreign-related maritime disputes, foreign-related intellectual property disputes, foreign-related ecological environment damage compensation disputes, or foreign-related environmental civil public interest litigation cases.

Please see the following link for the details of the Provisions:

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

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