Rules Pertaining to the Jurisdiction of International Civil and Commercial Cases

Supreme People's Court's Rules Pertaining to the Jurisdiction of International Civil and Commercial Cases
 
Fa Shi [2022] No. 18
 
November 14, 2022
 
(Adopted at the 1872nd Session of the Supreme People's Court Judicial Committee on August 16, 2022 and taking effect on January 1, 2023)
 
  These Rules are formulated in accordance with the provisions of The Civil Procedure Law of People's Republic of China and based on court experience in order to protect the legitimate rights and interests of both Chinese and foreign parties, facilitate their litigation, and further improve the quality and efficiency of the proceedings of international civil and commercial cases.
 
  Article 1 Unless otherwise specified by laws and judicial interpretations, international civil and commercial cases of the first instance shall fall under the jurisdiction of county-level people's courts.
 

  Article 2 The following international civil and commercial cases of the first instance shall fall under the jurisdiction of intermediate people's courts:
 

  (1) International civil and commercial cases with a large claim amount.
 

  International civil and commercial cases with a claim amount of above RMB 40,000,000 (included) in Beijing, Tianjin, Shanghai, Jiangsu, Zhejiang, Fujian, Shandong, Guangdong, or Chongqing shall fall under the jurisdiction of the intermediate people's court therein.
 
  International civil and commercial cases with a claim amount of above RMB 20,000,000 (included) in Hebei, Shanxi, Inner Mongolia, Liaoning, Jilin, Heilongjiang, Anhui, Jiangxi, Henan, Hubei, Hunan, Guangxi, Hainan, Sichuan, Guizhou, Yunnan, Tibet, Shaanxi, Gansu, Qinghai, Ningxia, or Xinjiang shall fall under the jurisdiction of the intermediate people's court therein, the military court in the competent PLA theater command, the PLA general military court, or the competent intermediate people's court under the Xinjiang Production and Construction Corps Branch High People's Court;
 

  (2) International civil and commercial cases with complicated facts or a party of multiple members; and
 

  (3) Other international civil and commercial cases with significant impact in the jurisdiction.
 

  Where laws and judicial interpretations provide otherwise for the jurisdiction of the intermediate people's courts over international civil and commercial cases of the first instance, such provisions shall prevail.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

ABOUT AUTHOR

We are a group of China local lawyers from a few law firms
Email: elitelawyers@outlook.com
My blog: http://www.shanghailawyer.xyz