Research on the Jurisdiction of China's International Commercial Court

Yunfei Zhu

《World Scientific Research Journal》 8卷6期 (2022/06) Pp. 595-606

https://doi.org/10.6911/WSRJ.202206_8(6).0077

摘要

In the past decade or so, the international commercial courts have appeared around the world, but in the context of China's rapid rise as a world power, China's international commercial courts have attracted the attention of the world. The international legal community has paid a lot of attention to the system construction of China's international commercial court. The establishment of China's international commercial court is a great help to enhance China's judicial strength in the international commercial field. However, how to solve the disputes and loopholes of the court jurisdiction system and optimize them is still a problem that China's international commercial courts must face up to. In terms of general jurisdiction rules, the current court rules have vague definitions of the ＂international nature＂ of accepted cases, which are only defined by enumerated methods, which is very different from the connotation of ＂foreign affairs＂. Secondly, there is a lack of a definition of the ＂commercial nature＂ of the case. In terms of the agreement jurisdiction system, the court rules require the parties to have an actual connection with our country, excluding the possibility of offshore litigation into the court, and thus limiting the jurisdiction of the court. Secondly, the current law and other levels of provisions are not clear whether the jurisdiction agreement has exclusive effect when the parties agree on the unclear, easy to cause the situation of parallel litigation. In addition, in terms of discretionary jurisdiction rules, there are also unclear issues in the dual jurisdiction system of foreign cases and the case transfer rules between domestic courts. So through general jurisdiction rules, agreement jurisdiction mechanism and other jurisdiction mechanism, have the following reform perfect Suggestions for the court: one is clear the connotation of international commercial cases, make ＂international＂ definition from ＂foreign＂ framework, in addition to the positive and negative definition, should also be join out clause and add ＂commercial＂ definition. Second, improve the agreement jurisdiction system, dilute the requirements of ＂actual contact＂, accept the separation case litigation, and clarify the exclusive effectiveness to avoid parallel litigation. Third, we should take into account the reasonable expectations of the parties, refine the specific rules of case transfer, and pay attention to fully respect the agreement of the parties. Fourth, introduce the principle of inconvenient court, draw lessons from the ＂obviously inappropriate court model＂, and add the application requirements of the principle of inconvenient court to the relevant provisions.

關鍵字

International Commercial Court ； Jurisdiction ； Agreement Jurisdiction ； Offshore Litigation

參考文獻

F.C. Lin: Research on the Operation Mechanism of the China International Commercial Court , Journal of Sichuan Normal University, Vol.01 (2022), 47-54. (In Chinese)

Y.Z. Wang, B.Y. Fan: Application of the principle of autonomy of meaning in the International Commercial Courts, Journal of Northeast Normal University, Vol.01(2022), 116-124. (In Chinese)

Y.A. Zhu: Jurisdiction Study of China International Commercial Court, Law Applicable, Vol.07 (2021), 136-149. (In Chinese)

L. Zhang: A Study on the Jurisdiction of the International Commercial Court of the Supreme People's Court, Legal System and Society, Vol.09 (2021), 69-70. (In Chinese)

Y.N. Wang: The Development and Improvement of China International Commercial Court under the Rule of Law, Journal of Suihua College, Vol.02 (2021), 32-34. (In Chinese)