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	JURISDICTION OVER CIVIL AND COMMERCIAL CASES WITH FOREIGN INVOLVEMENT PROVISION OF THE SUPREME PEOPLE'S COURT

	(Interpretation No. 5 [2002] of the of the Supreme People's Court, February 25, 2002: adopted at the 1203rd meeting of the Judicial Committee of the Supreme People's Court on December 25, 2001, which shall come into force as of March 1, 2002)


SUBJECT : LEGAL INTERPRETATION; JURISDICTION OVER CIVIL AND COMMERCIAL CASES WITH FOREIGN INVOLVEMENT
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 02/25/2002
IMPLEMENT DATE : 03/01/2002
LENGTH : 533 words
TEXT :

In order to try civil and commercial cases involving foreign elements correctly, and protect the legitimate rights and interests of both Chinese and foreign parties in accordance with the law, we hereby prescribe the following concerning the relevant issues on the jurisdiction of civil and commercial cases involving foreign elements in accordance with Article 19 of the Civil Procedure Law of the People's Republic of China:

Article 1. Civil and commercial cases involving foreign elements in the first instance shall be subject to the jurisdiction of the following people's courts:

(1) the people's court of an economic and technological development zone (such a zone shall be established under the approval of the State Council);

(2) the intermediate people's court at the locality of a provincial or autonomous regional capital or a municipality directly under the Central Government;

(3) the intermediate people's court of a special economic zone or a city directly under the State planning;

(4) any other intermediate people's court designated by the Supreme People's Court;

(5) the higher people's court.

The scope of regional jurisdiction of the above said intermediate people's courts shall be determined by the higher people's court at their locality.

Article 2. In case of a refusal to accept the judgment or order of the first instance rendered by the people's court of an economic and technological development zone (such a zone shall be established under the approval of the State Council), the case in the second instance shall be subject to the jurisdiction of the intermediate people's court at the locality of the people's court of the first instance.

Article 3. These Provisions shall apply to the following cases:

(1) cases on disputes over contracts or torts involving foreign elements;

(2) cases on disputes over letters of credit;

(3) cases on application for revocation, recognition and compulsory enforcement of international arbitration award;

(4) cases on examination of the effectiveness of the relevant clauses of civil and commercial arbitration involving foreign elements; and

(5) cases on application for recognition and compulsory enforcement of the civil and commercial judgments and orders rendered by foreign courts.

Article 4. These Provisions shall not apply to the cases on disputes over frontier trade arising in frontier provinces adjacent to foreign countries, cases on real estate involving foreign elements or cases on intellectual property involving foreign elements.

Article 5. The jurisdiction of cases on civil and commercial disputes involving parties from Hong Kong or Macao Special Administrative Region or Taiwan Region shall be handled by the courts with reference to these Provisions.

Article 6. The higher people's courts shall supervise the jurisdiction of civil and commercial cases involving foreign elements, and shall, when finding that any civil and commercial case involving foreign elements is accepted by a court by exceeding its jurisdictional power, make a notification or order to transfer the case to a people's court with the jurisdictional power for trial.

Article 7. These Provisions shall come into force as of March 1, 2002. The cases accepted before the said date shall be tried by the original people's courts.

Where any relevant judicial interpretation or provision prior to the promulgation of these Provisions is inconsistent with these Provisions, the latter shall prevail.