SPC Issued Provisions Concerning Jurisdiction of Foreign-Related Cases
ISSUING AUTHORITY:
The Supreme People's Court
DATE OF ISSUANCE:
November 15, 2022
EFFECTIVE DATE:
January 1, 2023
On November 15, the Supreme People’s Court (SPC) released the Provisions on Several Issues Concerning the Jurisdiction of Foreign-Related Civil and Commercial Cases (the “Provisions”), which shall take effect from January 1, 2023.
The Provisions, which consist of nine articles, clarify that foreign-related civil and commercial cases shall be governed by the tenet of delegating jurisdiction to the grassroots, instead of developing centralized jurisdiction. To be specific, non-significant foreign-related civil and commercial cases of first instance shall, in principle, be governed by the primary people's courts; cases over a certain value may be commenced in the jurisdiction of the intermediate people's courts, the applicable value for such cases in Beijing, Tianjin, Shanghai, Jiangsu, Zhejiang, Fujian, Shandong, Guangdong is CNY40 million or more, and the applicable standard in other regions is CNY20 million or more; the People's High Courts have jurisdiction at the first instance of foreign-related civil and commercial cases with a subject matter of CNY5 billion or more or where the matter has significant impact in the regions under their jurisdiction.
Reference:
最高人民法院發(fā)布《關(guān)于涉外民商事案件管轄若干問題的規(guī)定》
