Foreign questions about foreign -related and Hong Kong, Macao and Taiwan business cases 丨 Optimize the business environment

Since 2018, the Beijing Court has continuously explored and improved the system of international commercial trial work and mechanisms. The Beijing Fourth Intermediate People's Court has governed the first trial of Beijing's first trial and foreign -related cases in Hong Kong, Macao and Taiwan, arbitration judicial review cases and judicial assistance cases. Since 2018, there have been more than 6,000 cases of business affairs involved in foreign -related trials and more than 3,000 cases of arbitration judicial review, involving major world economies and most countries along the “Belt and Road”. In 2021, the Beijing Court of International Commercial Disputes One -stop Diversity Resolution Center and the Beijing International Commercial Court were listed in the Fourth Intermediate People's Court of Beijing. Relying on the Beijing Court of International Commercial Disputes One -stop Diversity Resolution Center and the Beijing International Commercial Court to create a preferred place for foreign -related business disputes, providing Chinese and foreign parties with public participation in competition and being protected by laws to be protected by law. The development of a new pattern provides high -quality rule of law.

What are the cases of foreign -related and Hong Kong, Macao and Taiwan business cases under the jurisdiction of Beijing Court of International Commercial Court, especially the Beijing International Commercial Court? How to determine whether the dispute is a case of foreign business affairs? What materials should be submitted during the case review? What are the special procedures for judicial assistance cases? In order to protect the rights of Chinese and foreign parties on equality, we will sort out and answer the issues related to foreign -related, Hong Kong, Macao and Taiwan cases, and the provisions of the laws and judicial interpretations involved in the form of serialized question and answer to guide the parties to understand the proceedings of the lawsuit.

This issue is a common problem with foreign -related, Hong Kong, Macao and Taiwan business cases.

1

How to determine whether the dispute is a case of foreign business affairs?

Answer: In judicial practice, it is mainly determined whether the subject, object, and content of the legal relationship involved in the case determine whether it is foreign -related cases. Under normal circumstances, there is one of the following situations. The people's court may be identified as foreign -related civil cases:

1. The parties or both are foreigners, non -nationality, foreign enterprises or organizations;

2. The parties or two parties are often outside the field of the People's Republic of China;

3. The subject is outside the field of the People's Republic of China;

4. The legal facts that generate, change or eliminate civil relations occur outside the field of the People's Republic of China;

5. It can be identified as other circumstances involved in foreign cases.

The people's court's trial involving civil litigation cases involving the Special Administrative Region of Hong Kong, Macau and Taiwan can refer to the special provisions of the applicable foreign civil lawsuit procedures.

After determining whether the case is foreign -related cases, it is necessary to determine whether the case is a commercial case. According to the trial practice of the Beijing court, the scope of commercial cases is the "Beijing High People's Court of the Beijing High People's Court on the implementation of the division of labor of the people and the commercial trial trial cases. Cases that are tried by the commercial trial court in the notice (trial) notice & ", more common cases are borrowing contract disputes, trading contract disputes, and company -related disputes.

In summary, cases of foreign -related business affairs shall be cases that comply with foreign -related factors that comply with the interpretation of civil proceedings and are tried by the commercial trial court.

2

If the defendant has a residence in the field of my country, how to determine the jurisdiction of the case?

Answer: When the defendant has a residence in my country's field, the principle of the case jurisdiction is as follows:

(1) Priority jurisdiction over the agreement, that is, parties to contract or other property rights disputes can choose a written agreement to choose the people's court where the defendant's residence, the place of contract signing, the signing of the contract, the place where the plaintiff residence, the place where the subject is located, etc. Government jurisdiction, but not allowed to violate the provisions of the level and exclusive jurisdiction; you can also choose a written agreement to select the defendant's residence, place of contract performance, contract signing, plaintiff's residence, location of the subject, and infringement. The court jurisdiction;

(2) If there is no jurisdiction between the parties, the lawsuit filed by the contract dispute will be under the jurisdiction of the people's court in the residence of the defendant's residence or the place where the contract is fulfilled;

(3) Litigation due to disputes such as the establishment of the company's establishment, confirming the qualifications of shareholders, distribution of profits, and dissolution of the company shall be under the jurisdiction of the people's court of the company's residence.

According to the above jurisdiction principles, if the jurisdiction point is located in Beijing, you can choose a court of court with jurisdiction in Beijing.

3

If the defendant has no residence in the field of my country, how to determine the jurisdiction of the case?

Answer: When the defendant has no residence in the field of my country, the principle of the case jurisdiction is as follows:

(1) Priority jurisdiction over the agreement, that is, parties to contract or other property rights disputes can choose a written agreement to choose the people's court where the defendant's residence, the place of contract signing, the signing of the contract, the place where the plaintiff residence, the place where the subject is located, etc. Government jurisdiction, but not allowed to violate the provisions of the level and exclusive jurisdiction; you can also choose a written agreement to select the defendant's residence, place of contract performance, contract signing, plaintiff's residence, location of the subject, and infringement. The court jurisdiction;

(2) If there is no jurisdiction of the agreement, due to contract disputes or other property rights disputes, a lawsuit filed by the defendant who has no residence in the field of my country, if the contract signed or fulfilled in the field of my country, or the lawsuit is in the field of our country Or the defendant has the property that can be detained in the field of my country, or the defendant has a representative agency in the field of my country. The people's court under the place of representative institutions;

(3) Litigation due to disputes such as the establishment of the company's establishment, confirming the qualifications of shareholders, distribution of profits, and dissolution of the company shall be under the jurisdiction of the people's court of the company's residence. According to the above jurisdiction principles, if the jurisdiction point is located in Beijing, you can choose a court of court with jurisdiction in Beijing.

4

What are the types of cases under the jurisdiction of foreign courts?

Answer: According to the provisions of the Civil Procedure Law, cases exclusively under the jurisdiction of my country's courts cannot agree to the jurisdiction of foreign courts. The types of cases include real estate disputes, disputes in the operation of port operations, inheritance of inheritance disputes, due to the performance of Sino -foreign joint ventures in my country, cooperation between Chinese and foreign joint ventures, Chinese and foreign cooperation cooperation Disputes of the contract of business contracts, Chinese and foreign cooperation exploration and development of natural resource contract disputes. The types of cases cannot be agreed to choose the jurisdiction of foreign courts, but they can be agreed to choose arbitration.

5

For the case of confirmation of the arbitration agreement, which courts can the parties apply to?

Answer: Cases that apply for confirmation of the effectiveness of the arbitration agreement shall be under the jurisdiction of the place where the arbitration agency, the place of the arbitration agreement, the place of the residence of the applicant, the place where the applicant's residence is, or the special people's court under the jurisdiction of the arbitration agreement.

If the above location is located in Beijing, the applicant can apply to the court with jurisdiction in Beijing.

6

What courts can the parties apply to the arbitration decision?

Answer: The parties can apply to the intermediate people's court where the Arbitration Commission is located. Combined with the current trial practice, the arbitration award made by the China International Economic and Trade Arbitration Commission and the Beijing Arbitration Commission, if the parties are not convinced, they can apply to the court with jurisdiction in Beijing.

7

If you apply for a recognition and execution of a foreign arbitration ruling or arbitration in the Hong Kong, Macao and Taiwan regions, what courts can the parties apply to?

Answer: The parties who apply for a recognition and execution of a foreign arbitration decision or the arbitration award in the Hong Kong, Macao and Taiwan regions directly apply to the intermediate people's court where the executed person's residence or its property is located. You can apply to the courts with jurisdiction in Beijing.

8

Application to admit and enforce the judgment and ruling of foreign courts. Which courts can the parties apply to?

Answer: The parties who apply for a recognition and execution of a civil judgment and ruling can apply for the intermediate people's courts where the respondent's residence, the place of residence or the place where the property is located. Therefore, if the above -mentioned jurisdiction points are in Beijing, the applicant can apply to the court with jurisdiction in Beijing.

9

If the application for recognition and implementation of the effective judgment and ruling of the Hong Kong, Macao and Taiwan region can apply to the parties to apply to?

Answer: Application and implementation of the "Supreme People's Court's Arrangement of the Civil Commercial Cases of the Mainland and the Hong Kong Special Administrative Region Court of Special Administrative Region Courts of the Mainland and the Hong Kong Special Administrative Region" "The Supreme People's Court of the Supreme People's Court of the Mainland and the Hong Kong Special Administrative Region Court mutual recognition and enforce marriage and family The arrangement of civil and commercial judgments in the Civil Case Judgment "arrangements for civil and commercial judgments to the intermediate people's courts to the respondent's residence, the place of residence, or the place where the property is located.

Application and execution of the "Supreme People's Court's Arrangement on the Confix and Implementation of the Macau Special Administrative Region and the Macau Special Administrative Region" stipulated in the civil and commercial judgment of the Civil and Commercial Corporation may be the intermediate People's Court where the respondent's residence, frequent place of residence or property is located, propose;

Application and execution of civil judgments stipulated in the "Supreme People's Court on Civil Judgment of the Supreme People's Court on Civil Judgment of the Taiwan District Court" can be The intermediate people's court or specialized people's court proposed.

Therefore, if the above -mentioned jurisdiction points are in Beijing, the applicant can apply to the court with jurisdiction in Beijing.

The above is our answer to the common problems of foreign -related, Hong Kong, Macao and Taiwan civil and commercial cases, and hope to help everyone. In the next step, the Beijing Court will further adhere to the first good standards, strictly regulate the trial of foreign -related, Hong Kong, Macao and Taiwan civil and commercial cases, continuously improve the quality and efficiency of foreign -related judicial work, and provide high -quality judicial services for the establishment of a market -oriented international business business environment.

Supply: Beijing Fourth Middle School

Author: Zhang Qinyuan

Edit: Yuan Tianhe Yao Rihui

- END -