In order to protect the litigation rights of the parties involved, in accordance with relevant laws and regulations such as the Civil Procedure Law of the People’s Republic of China and the Supreme People’s Court’s Several Provisions on Evidence in Civil Litigation (hereinafter referred to as the “Evidence Provisions”), the following are the points of proof for civil litigation:
1、 Allocation of burden of proof
1. When the plaintiff sues or the defendant raises a counterclaim, corresponding evidence materials that meet the conditions for prosecution shall be attached.
2. The parties involved have the responsibility to provide evidence to prove the facts on which their own litigation claims are based or to refute the facts on which the other party’s litigation claims are based. If there is no evidence or insufficient evidence to prove the factual claims of the parties, the parties with the burden of proof shall bear the adverse consequences.
2、 The situation and requirements for applying to the court for investigation and evidence collection
1. The evidence that parties and their litigation representatives can apply to the court for investigation and collection includes:
(1) The evidence collected through the application for investigation belongs to archival materials preserved by relevant national departments and required to be retrieved by the people’s court in accordance with their authority.
(2) Materials involving state secrets, trade secrets, and personal privacy.
(3) Other materials that the parties and their litigation agents are unable to collect on their own due to objective reasons.
2. The parties and their litigation representatives who apply to the court for investigation and evidence collection shall submit a written application, stating the name or unit name, residence, and other basic information of the investigated person, and explaining the reasons for the inability to collect evidence, current evidence clues, the content of evidence to be collected, and the facts to be proven.
3. The parties and their litigation representatives who apply to the people’s court for investigation and evidence collection shall submit a written application, which shall not be later than seven days before the expiration of the evidentiary period. The expenses for investigating and collecting evidence by the people’s court shall be paid in advance by the party making the application within seven days after the application. If the payment is not made within the prescribed period, the application shall not be allowed.
3、 The deadline for providing evidence and the legal consequences of providing evidence beyond the deadline.
1. The parties shall submit evidence materials within the time limit specified in the notice of proof served by the court. If a party fails to provide evidence on time, the court shall order them to explain the reasons. If they refuse to explain the reasons or the reasons are not valid, the court may refuse to accept the evidence according to different circumstances, or accept the evidence but impose a warning or fine.
2. If the parties have difficulties in submitting evidence materials within the time limit for providing evidence, they may apply to the people’s court for an extension of the time limit within the time limit for providing evidence, and the court may appropriately extend the time limit based on the application of the parties.
3. The party applying for appraisal shall submit it within the time limit for providing evidence and prepay the appraisal fee within seven days from the date of application. If the party fails to provide appraisal due to failure to prepay the appraisal fee within the prescribed time limit, they shall bear the legal consequences of being unable to provide evidence on their own.
4. The parties applying for witnesses to testify in court shall submit their application ten days before the expiration of the evidentiary period and obtain permission from the people’s court. The reasonable expenses for a witness to testify in court shall be paid in advance by the party providing the witness within seven days after the application. If the payment is not made within the prescribed period, the application shall not be granted.
5. The parties may notify the applicant to have a person with specialized knowledge appear in court and provide opinions on the appraisal opinions or professional issues made by the appraiser. If this court allows the applicant to apply, the relevant fees shall be prepaid by the applicant within seven days from the date of application. If the prepayment is not made by the deadline, the application shall not be allowed.
4、 Proof requirements for maritime and commercial disputes
（1） Disputes over liability for ship collision damage
1. Basic information of the vessel and crew involved: certificate of ownership of the vessel, certificate of nationality of the vessel, certificate of classification, certificate of seaworthiness of the hull and engine, certificate of safety equipment of the vessel, tonnage certificate, certificate of mortgage registration of the vessel, certificate of competency of crew, certificate of minimum staffing, and other major certificates of collision vessels;
2. Main documents of collision ships, such as navigation logs, engine logs, car clock records, heading records, nautical charts, etc;
3. Evidence materials on the navigation situation when ships meet each other.
4. The situation before and during the collision.
5. Schematic diagram of ship collision.
6. The ship traffic management system monitors the radar records of collisions passing by;
7. Inquiries and investigation reports from maritime administrative authorities regarding crew members of colliding ships.
8. Transport documents such as manifest, cargo waybill or bill of lading, as well as onboard documents;
9. Materials proving collision losses.
10. Proof materials of the causal relationship between negligent behavior and ship damage.
（2） Disputes over liability for ship collision damage
1. Basic information of the vessel and crew involved
2. The fact that touch behavior occurs
3. Contact loss situation
4. Proof of causal relationship between negligent behavior and damage facts
（3） Disputes over liability for damage to air and underwater facilities caused by ship damage
1. Situation of the vessel involved
2. Ship’s negligent behavior
3. Determination of damage and loss amount caused to air and underwater facilities
4. Proof of causal relationship between negligent behavior and damage results
（4） Disputes over liability for ship pollution damage
1. First mate’s receipt, bill of lading, inspection report, oil record book, navigation log, engine log, loading and unloading record, clearance report, and satellite image, etc
2. The act of discharging, leaking, dumping oil, sewage, or other pollutants from ships
3. Record of the time, location, schedule or excerpt from the navigation log related to cleaning up
4. The quantity, unit price, and calculation method of manpower, machinery, ships, and cleaning materials invested in cleaning
5. Proof materials for the management fee, transportation fee, and other expenses of organizing cleaning
6. Cleaning effect and situation report, etc.
（5） Disputes over liability for aquaculture damage in maritime and open sea waters
1. Registration information of the involved vessel
2. Illegal or negligent behavior of ships
3. Causing damage to fishing, aquaculture facilities, and aquaculture products in the sea and open waters
4. Loss calculation basis and amount determination
（6） Disputes over liability for property damage in maritime and open sea waters
1. Infringement caused by production or operations carried out on ships or at sea
2. Facts causing damage to ships, goods, or other property
3. Proof of causal relationship between infringement and damage facts
4. Calculation criteria and amount of damage
（7） Disputes over liability for personal injury in maritime and open sea waters
1. Proof of identity of the parties involved
2. The fact that personal injury occurred at sea or in open sea waters
3. Proof of contractual or infringing relationship with the defendant
4. Evidence of medical expenses, transportation expenses, lost work expenses, and other expenses incurred due to personal injury
5. Proof of Damage and Disability Level
（8） Disputes over liability for illegal detention of ships, cargo on board ships, marine fuel, and marine materials damage
1. Proof of identity of the parties involved
2. The fact that ships, goods, and other property have been detained
3. Proof materials that the act of detention violates legal provisions or contractual agreements
（9） Disputes over contracts for the transportation of goods by sea and open sea waters
1. Identification materials of the parties involved
(1) If the parties involved are natural persons, they should submit identification materials, such as ID cards or household registration books
(2) If the parties involved are legal persons or other organizations, registration materials should be submitted, such as business licenses, registration certificates for social organizations, etc
2. Contracts for the transportation of goods by waterway, as well as power of attorney (including power of attorney), letters, and data messages (including telegrams, telexes, faxes, electronic data exchanges, and emails) that prove the establishment of the contract or are related to the content of the contract
3. Waybill or documents accompanying the shipper on the waybill
4. Receipt issued by the consignee; For container transportation, container packing lists and handover documents should be collected
5. In case of damage or loss of goods, freight records or invoices, tally reports, sales contracts, inspection reports, and other evidence proving the loss should be collected
6. If there is a delay in the delivery of goods, evidence materials related to the contract basis for delayed delivery and the fact of delayed delivery should be collected
7. For disputes involving freight and demurrage fees, evidence should be provided such as the freight schedule, freight agreement, confirmation letter, fax, paid freight invoice, packing list, delivery note, demurrage fee calculation and payment agreement
8. Evidence related to ship’s seaworthiness and cargo suitability
9. Proof documents of the carrier’s approval for operation (such as water transportation license, water transportation service license, etc.); The shipper shall provide proof of transportation permission in accordance with laws and regulations
10. Other relevant evidence.
（10） Disputes over passenger transportation contracts in maritime and open sea waters
1. Identity and qualifications of the parties involved
2. Transportation contract or other supporting materials proving the relationship between transportation contracts
3. Matters and behaviors of the parties that do not comply with the contract or legal provisions
4. Causing losses
（11） Disputes over luggage transportation contracts in maritime and open sea waters
1. Proof of identity of the parties involved
2. Proof of transportation contract relationship
3. Luggage Handover Checklist
4. Behaviors or facts that violate contractual agreements or legal provisions
5. Causing losses
（12） Disputes over ship operation and management contracts
1. Proof of identity of the parties involved
2. Ship registration information: Main certificates such as ship ownership certificate, ship nationality certificate, class certificate, ship and engine airworthiness certificate, ship safety equipment certificate, tonnage certificate, ship mortgage registration certificate, crew qualification certificate, minimum staffing certificate, etc;
3. Contracts or relevant certificates regarding the operation and management of ships
4. The behavior of the parties in violation of the contract or legal provisions
5. Losses or adverse consequences caused
（13） Disputes over ship sales contracts
1. Identity of the parties involved
2. Ship registration information: Ship ownership certificate, ship nationality certificate, class certificate, ship and engine airworthiness certificate, ship safety equipment certificate, tonnage certificate, ship mortgage registration certificate, crew qualification certificate, minimum staffing certificate, and other main certificates of collision ships;
3. Ship Sales Contract
4. Proof of Paid Ship Purchase Payment
5. The factual materials of the parties violating the contract or legal provisions.
6. Proof materials for causing damage
（14） Disputes over ship construction contracts
1. Proof of basic information of the parties involved
2. Shipbuilding Contract
3. List of construction materials and purchase invoice
4. Payment voucher for engineering funds
5. The fact that the parties have violated the contract or legal provisions
6. Causing damage or loss
（15） Disputes over ship repair contracts
1. Proof of identity of the parties involved
2. Ship registration information
3. Proof of contractual relationship between both parties regarding ship repair
4. Payment of repair fee voucher
5. Facts that violate contractual or legal provisions
6. Causing loss or damage
（16） Disputes over ship renovation contracts
1. Proof of identity of the parties involved
2. Ship registration information
3. Ship Reconstruction Contract
4. Payment of engineering fee voucher
5. The fact that the parties have violated the contract or legal provisions
6. Loss or damage situation
（17） Disputes over ship dismantling contracts
1. Identity of the parties involved
2. Ship dismantling contract or related certification materials
3. The fact that the parties have violated the contract or legal provisions
4. Losses or damages caused
（18） Disputes over ship mortgage contracts
1. Identity of the parties involved
2. Ship registration information
3. Ship mortgage contract and mortgage registration certificate
4. The fact that the parties have violated the contract or legal provisions
（19） Disputes over voyage charter parties
1. Proof of identity of the parties involved
2. Contract documents such as voyage charter agreement, charter confirmation, etc
3. Transport documents such as bills of lading, mate’s receipts, etc
4. Loading and unloading documents such as loading and unloading maps, loading and unloading facts records, etc
5. Basic information of ships: ship ownership certificate, ship nationality certificate, ship classification certificate
The main certificates for collision ships include books, ship and engine airworthiness certificates, ship safety equipment certificates, tonnage certificates, ship mortgage registration certificates, crew competency certificates, minimum staffing certificates, etc
6. The behavior or factual materials of the parties that violate the contract or legal provisions
7. Proof of loss or damage caused.
（20） Disputes over ship charter contracts
1. Charter Party
2. Proof documents of actual delivery time and location
3. Actual fuel inventory at the time of delivery
4. Proof documents of actual return time and location
5. Proof of suitability of the vessel for the agreed purpose delivered by the lessor or confirmation from the lessee
6. The lessee shall provide proof of payment of rent to the lessor or a mutually confirmed proof document
7. A document proving that the vessel returned by the lessee is in the same good condition as the vessel delivered by the lessor, or a document confirming the condition confirmed by both parties
8. If the lessee claims to terminate the contract, they should provide evidence of the reasons for terminating the contract.
（21） Disputes over Ship Financing Lease Contracts
1. Proof of identity or qualification of the parties involved
2. Ship registration information
3. Financing lease or lease purchase contract
4. Rent payment voucher
5. The behavior or fact of the parties violating the contract or legal provisions
6. Loss calculation method and list
（22） Disputes over ship contracting contracts for maritime and open sea transportation
1. Proof of identity or qualification of the parties involved
2. Ship registration information and transportation permit
3. Contract
4. Ship Handover Checklist
5. Payment voucher for contract payment
6. The fact that the parties have violated the contract or legal provisions
（23） Disputes over fishing vessel contracting contracts
1. Proof of identity or qualification of the parties involved
2. Ship registration information
3. Fishing permit
3. Contract
4. Proof of timely payment of contract payment
5. The behavior or fact of the parties violating the contract or legal provisions
（24） Disputes over leasing contracts for ship accessories
1. Proof of identity of the parties involved
2. Ship registration information
3. List of Ship Accessories
4. Lease contract or proof of lease relationship
5. Rent payment voucher
6. The behavior or fact of the parties violating the contract or legal provisions
（25） Disputes over the custody contract of ship accessories
1. Identification materials of the parties involved
2. Proof materials for custody of contracts or contractual relationships
3. Handover Checklist for Storage Items
4. Proof of price or value of stored items
5. Storage fee payment voucher
（26） Disputes over maritime container leasing contracts
1. Materials proving the identity and qualifications of the parties involved
2. Lease contract or proof of contractual relationship
3. Container Handover Checklist
4. The behavior or fact of the parties violating the contract agreement
（27） Disputes over maritime container storage contracts
1. Materials proving the identity and qualifications of the parties involved
2. Proof of custody contract or contractual relationship
3. Handover Checklist for Storage Items
4. Payment of storage fee voucher
5. The behavior or fact of the parties violating the contract agreement
（28） Disputes over port cargo storage contracts
1. Proof of identity or qualification of the parties involved
2. Goods Storage Contract
4. Handover Checklist for Storage Items
5. Payment of storage fee voucher
6. Bill of Lading
7. The behavior or fact of the parties violating the contract agreement
（29） Disputes over ship agency contracts
1. Materials proving the identity and qualifications of the parties involved
2. Agency Contract
3. Proof of completion of agency matters
4. Agency fee payment voucher
5. The behavior of the parties in violation of the contract or legal provisions
6. Damage situation and amount
（30） Disputes over freight forwarding contracts for maritime and open sea waters
1. Proof materials for the establishment, modification, or termination of the freight forwarding contract.
2. Freight forwarding agencies provide enterprise legal person business license and land and water transportation service license
3. Customs declaration, bill of lading, manifest.
4. Freight forwarder’s prepaid freight voucher
5. The method and basis for calculating the losses of the principal.
6. Negligence and Damage of Freight Forwarders
As of the end of 2019, China had 11 maritime courts with jurisdiction as follows: [3]
1、 Beihai Maritime Court: Maritime and commercial cases that occur in ports and waters under the jurisdiction of Guangxi Zhuang Autonomous Region, Beibu Gulf waters and their islands and waters, as well as navigable waters connected to the sea such as the Lancang River to the Mekong River in Yunnan Province. The jurisdictional area between it and the Guangzhou Maritime Court is bounded by the centerline of the Yingluo Bay River. The east of the centerline and its extended waters is under the jurisdiction of the Guangzhou Maritime Court, while the west of the centerline and its extended waters, including Wuni Island, Weizhou Island, Xieyang Island, and other waters, are under the jurisdiction of the Beihai Maritime Court. Cases of ship collision, general average, maritime rescue, ship pollution, ship seizure and auction, as well as foreign-related maritime and maritime cases that occur in the waters of Yunnan Province, shall be under the jurisdiction of the Beihai Maritime Court. Other maritime and maritime cases that occur in the waters of Yunnan Province shall be under the jurisdiction of the local people’s court (but the trial shall be subject to relevant laws such as the Maritime Law and the Special Procedure Law for Maritime Litigation). The appeal case is under the jurisdiction of the Higher People’s Court of Guangxi Zhuang Autonomous Region.
2、 Dalian Maritime Court: Maritime and commercial cases that occur from the border of Liaoning Province and Hebei Province to the south, the extended sea area from the mouth of the Yalu River to the east, and the waters of the Yalu River, including a part of the Yellow Sea, a part of the Bohai Sea, islands on the sea, as well as the Heilongjiang, Songhua, and Wusuli rivers in Heilongjiang Province, which are navigable waters and ports. Cases of ship collision, general average, maritime rescue, ship pollution, ship seizure and auction, as well as foreign-related maritime and maritime cases that occur in the waters of Heilongjiang Province, shall be under the jurisdiction of Dalian Maritime Court. Other maritime and maritime cases that occur in the waters of Heilongjiang Province shall be under the jurisdiction of local people’s courts (but the trial shall be subject to relevant laws such as the Maritime Law and the Special Procedure Law for Maritime Litigation). The appeal case is under the jurisdiction of the Higher People’s Court of Liaoning Province.
3、 Guangzhou Maritime Court: Coastal waters of Guangdong Province, inland waters connected to the sea, ports and their coastal zones, as well as parts of the South China Sea. The appeal case is under the jurisdiction of the Guangdong Provincial Higher People’s Court.
4、 Haikou Maritime Court: Hainan Province’s ports and waters, as well as islands and waters such as Xisha, Zhongsha, Nansha, and Huangyan Island (the court has set up dispatched courts in Sanya and Yangpu). The appeal case is under the jurisdiction of the Hainan Provincial High People’s Court.
5、 Ningbo Maritime Court: The court has set up dispatched courts in Wenzhou, Zhoushan, and Taizhou, Zhejiang Province’s ports and water bodies (including islands under its jurisdiction, ports under its jurisdiction, and inland water bodies connected to the sea). The appeal case is under the jurisdiction of the Zhejiang Provincial High People’s Court.
6、 Qingdao Maritime Court: an extended sea area from the border of Shandong Province and Jiangsu Province in the south to the border of Shandong Province and Hebei Province in the north, including a part of the Yellow Sea, a part of the Bohai Sea, offshore islands, and all coastal ports in Shandong Province such as Lanshan, Shijiusuo, Qingdao, Weihai, Yantai, Penglai, Longkou, and Yangkou. The appeal case is under the jurisdiction of the Shandong Provincial High People’s Court.
7、 Shanghai Maritime Court: Within the coastal waters of Shanghai. The appeal case is under the jurisdiction of the Shanghai Higher People’s Court. According to the latest notice on June 20, 2006, maritime disputes arising in Yangshan Port and its surrounding waters are governed by the Shanghai Maritime Law.
8、 Tianjin Maritime Court: has jurisdiction over maritime and commercial cases involving coastal ports and their waters, as well as maritime islands, from the border of Hebei Province and Shandong Province in the south to the border of Hebei Province and Liaoning Province in the north. It also has jurisdiction over cases of general average disputes, maritime insurance disputes, and recognition and enforcement of maritime arbitration awards in Beijing (the court has set up a dispatched court in Qinhuangdao). The appeal case is under the jurisdiction of the Tianjin Higher People’s Court.
9、 Wuhan Maritime Court: Maritime and commercial cases that occur in navigable waters and ports connected to the sea from Hejiangmen in Yibin City, Sichuan Province to Liuhekou in Jiangsu Province. Cases of ship collision, general average, maritime rescue, ship pollution, ship seizure and auction, as well as foreign-related maritime and maritime cases that occur in the waters of the Yangtze River tributary, shall be under the jurisdiction of the Wuhan Maritime Court. Other maritime and maritime cases that occur in the waters of the Yangtze River tributary shall be under the jurisdiction of the local people’s court (but the trial shall be subject to relevant laws such as the Maritime Law and the Special Procedure Law for Maritime Litigation). The appeal case is under the jurisdiction of the Higher People’s Court of Hubei Province.
10、 Xiamen Maritime Court: an extended sea area from the border of Fujian Province and Guangdong Province in the south to the border of Fujian Province and Zhejiang Province in the north, including the southern part of the East China Sea, Taiwan Province, offshore islands, and ports under Fujian Province (the court has set up a dispatched court in Fuzhou). The appeal case is under the jurisdiction of the Fujian Provincial Higher People’s Court.
11、 Nanjing Maritime Court: The Nanjing Maritime Court has jurisdiction over the extended sea area from the border of Jiangsu Province and Shandong Province to the border of Jiangsu Province and Shanghai City, the Yangtze River trunk and branch waters from the border of Jiangsu Province and Anhui Province to the Liuhe River mouth in Jiangsu Province, as well as cases involving ports and navigable waters within the administrative region of Jiangsu Province. The appeal case is under the jurisdiction of the Jiangsu Provincial High People’s Court.
The China Maritime Court is one of the specialized people’s courts in China, which is a specialized court for handling maritime and commercial cases. According to the Decision of the Standing Committee of the National People’s Congress on Establishing Maritime Courts in Coastal Port Cities and the Decision of the Supreme People’s Court on Several Issues Concerning the Establishment of Maritime Courts in November 1984, China has established maritime courts in cities such as Shanghai, Tianjin, Guangzhou, Qingdao, Dalian, and Wuhan. It is composed of one dean, vice presidents, chief judges, deputy chief judges, and several judges, and has a judicial committee. It has a maritime court and a maritime court, which have jurisdiction over first instance maritime and maritime cases. The scope of its collection includes the following cases between Chinese legal persons and citizens, between Chinese legal persons and citizens and foreign or regional legal persons and citizens, and between foreign or regional legal persons and citizens: (1) Maritime infringement dispute cases; (2) Maritime contract dispute cases; (3) Other maritime and commercial cases; (4) Maritime enforcement cases; (5) Maritime preservation cases. The jurisdiction of the maritime court is determined by the Supreme People’s Court based on the distribution characteristics of China’s sea areas and ports, and is not limited by land administrative divisions. The trial work of maritime courts and intermediate people’s courts at the same level is supervised by the higher people’s court in the place where they are located, and their appeal cases are under the jurisdiction of the higher people’s court.
Jurisdictional characteristics
1. Maritime litigation jurisdiction has specificity.
2. Maritime litigation jurisdiction has a foreign-related nature.
3. Maritime litigation jurisdiction is not based on administrative division.
Jurisdictional level
Maritime litigation level jurisdiction refers to the division of labor and authority between the maritime court and the superior court in accepting first instance maritime cases. It solves the vertical division of labor within the court for accepting first instance maritime cases.
Unlike the “four level, two instance, and final adjudication system” in general civil cases, the trial level of maritime cases is the “three level, two instance, and final adjudication system”, which refers to the maritime courts, the higher people’s courts where the maritime courts are located, and the Supreme People’s Court. According to the nature, subject matter, and degree of social impact of maritime cases, the higher people’s court and the Supreme People’s Court in the location of the maritime court may accept first instance maritime cases. In order to facilitate litigation and resolve maritime disputes, various maritime courts have successively established dispatched agencies – dispatched courts – in major coastal ports. The maritime court is composed of an internal maritime court, a maritime court, and a dispatched court to hear first instance maritime cases.
Jurisdictional area
Special territorial jurisdiction in maritime litigation refers to the jurisdiction determined based on the location of the litigation subject or the place where maritime facts occur, while considering the defendant’s domicile. Except for individual types of cases such as general average and salvage compensation, most cases under special territorial jurisdiction in maritime litigation can be under the jurisdiction of the maritime court in the defendant’s domicile.
The characteristics of maritime cases, such as multiple foreign-related factors, wide coverage, strong professional and technical expertise, and the flow of litigation objects, determine that only by applying special territorial jurisdiction to most maritime cases can maritime disputes be resolved more scientifically and efficiently, and the legitimate rights and interests of all parties be protected. In view of this, Article 6, Paragraph 2 of the Maritime Procedure Law provides more detailed provisions on the special territorial jurisdiction of maritime cases than the Civil Procedure Law.
Exclusive jurisdiction
Exclusive jurisdiction in maritime litigation refers to the legal provision that specific maritime cases can only be under the jurisdiction of specific maritime courts. The exclusive jurisdiction of maritime litigation has strong exclusivity, excluding the jurisdiction of foreign courts and non maritime courts in cases, as well as the jurisdiction of other domestic maritime courts.
Exclusive jurisdiction in maritime litigation is different from specialized jurisdiction in maritime litigation. Special jurisdiction over maritime litigation refers to the qualitative nature of maritime litigation jurisdiction, which means that maritime cases should be under the special jurisdiction of maritime courts; Exclusive jurisdiction in maritime litigation is an important component of specialized jurisdiction, which refers to cases with special characteristics in maritime cases that can only be under the jurisdiction of specific maritime courts.
Agreement jurisdiction
Maritime litigation agreement jurisdiction refers to the agreement of the parties within the scope prescribed by law to have one court adjudicate their disputed case, in order to exclude the jurisdiction of other courts and facilitate litigation. Maritime litigation agreement jurisdiction can be divided into general agreement jurisdiction, special agreement jurisdiction, and implied agreement jurisdiction. General agreement jurisdiction and implied agreement jurisdiction are widely recognized principles of jurisdiction internationally. The Maritime Litigation Special Procedure Law does not provide comprehensive provisions on jurisdiction by agreement, but only provides provisions on special jurisdiction by agreement.
scope of accepting cases
According to the 2016 Supreme People’s Court’s Provisions on the Scope of Case Acceptance by Maritime Courts, the scope of case acceptance by maritime courts includes five categories:
controversy over maritime tort
1. Disputes over liability for ship collision damage, including disputes over liability for indirect collisions such as wave damage;
2. Disputes over liability for damages caused by ships touching the sea, navigable waters, ports, and their onshore facilities or other property, including disputes over liability for damages caused by ships touching facilities such as docks, breakwaters, piers, locks, bridges, navigational aids, drilling platforms, etc;
3. Disputes over liability for damage to facilities or other property installed in the air or on the seabed or navigable waters due to ship damage;
4. Disputes over liability for damages caused by the discharge, leakage, dumping of oil, sewage, or other harmful substances from ships, resulting in water pollution or damage to other ships, goods, and other property;
5. Disputes over liability for damage to fishing and aquaculture facilities and aquatic products caused by the navigation or operation of ships;
6. Cases of liability disputes arising from sunken ships and debris, as well as their wreckage and waste, and temporary or permanent facilities and installations in the sea or navigable waters, which affect the navigation of ships and cause damage to ships, goods, and other property, as well as personal injury;
7. Cases of liability disputes arising from activities such as navigation, operation, and operation of ships that infringe upon the personal rights and interests of others;
8. Liability dispute cases involving illegal detention or detention of ships, cargo on board, ship materials, fuel, and spare parts;
9. Cases of product quality liability disputes arising from defects in key components and specialized items provided for ship engineering;
10. Other maritime infringement disputes.
controversy over a maritime contract
11. Disputes over ship sales contracts;
12. Disputes over ship engineering contracts;
13. Contract disputes arising from subcontracting construction, commissioned construction, customization, purchase and sale of key components and specialized items of ships;
14. Disputes over ship engineering operation contracts (including forms of affiliation, partnership, contracting, etc.);
15. Disputes over ship inspection contracts;
16. Disputes over ship engineering site rental contracts;
17. Disputes over ship operation and management contracts (including forms of berthing, partnership, contracting, etc.) and cooperative operation contracts for shipping routes;
18. Disputes over supply contracts for materials, fuel, and spare parts related to the operation of specific ships;
19. Disputes over ship agency contracts;
20. Disputes over ship pilotage contracts;
21. Disputes over ship mortgage contracts;
22. Disputes over ship charter contracts (including time charter contracts, bareboat charter contracts, etc.);
23. Disputes over ship financing lease contracts;
24. Disputes over remuneration and compensation for personal injury or death related to crew boarding, on board services, and repatriation under crew labor contracts and labor contracts (including crew dispatch agreements);
25. Disputes over contracts for the transportation of goods by sea and navigable waters, including international multimodal transport, land and water transport contracts involving maritime segments;
26. Disputes over contracts for the transportation of passengers and luggage by sea and navigable waters;
27. Disputes over freight forwarding contracts in maritime and navigable waters;
28. Disputes over container rental contracts for transportation by sea and navigable waters;
29. Disputes over tally contracts for maritime and navigable waters transportation;
30. Disputes over towing contracts in maritime and navigable waters;
31. Ferry transportation contract dispute cases;
32. Disputes over port cargo storage, storage, and storage contracts;
33. Disputes over guarantee contracts such as port cargo mortgage and pledge;
34. Disputes over port cargo pledge supervision contracts;
35. Disputes over contracts related to the storage, storage, and safekeeping of sea freight containers;
36. Disputes over guarantee contracts such as mortgage and pledge of sea freight containers;
37. Disputes over maritime container financing lease contracts;
38. Disputes over port or dock leasing contracts;
39. Disputes over port or dock operation and management contracts;
40. Disputes over marine insurance and insurance claims contracts;
41. Insurance contracts and claims disputes involving ships and their operating income, goods and their expected profits, crew wages and other remuneration, and liability to third parties in navigable waters;
42. Insurance contract disputes involving equipment, facilities, expected profits, and liability to third parties in shipbuilding engineering;
43. Insurance contract disputes involving equipment and facilities for port production and operation, expected profits, and third-party liability as insurance subjects;
44. Insurance contract disputes involving equipment and facilities used in activities such as marine fisheries, marine development and utilization, and marine engineering construction, as well as expected profits and liability to third parties, as insurance subjects;
45. Insurance contract disputes involving equipment and facilities used in the construction of navigable water areas, expected profits, and liability to third parties as insurance subjects;
46. Disputes over financing lease contracts for port and shipping equipment and facilities;
47. Disputes over guarantee contracts such as mortgage and pledge of port and shipping equipment and facilities;
48. Cases of loan contract disputes involving ships, sea freight containers, and port and navigation equipment and facilities as collateral, except for cases where the parties only sue for loan contract disputes;
49. Loan contract disputes arising from the purchase, construction, or operation of specific ships;
50. Disputes arising from guarantees, independent guarantees, letters of credit, and other related claims related to maritime transportation, ship buying and selling, ship engineering, and port production and operation;
51. Mediation or agency contract disputes related to the contracts or behaviors specified in items 11 to 50 above;
52. Other maritime contract disputes.
Disputes over Development and Utilization and Environmental Protection
53. Disputes over the exploration, development, and transportation of energy and mineral resources in the ocean and navigable waters;
54. Disputes over seawater desalination and comprehensive utilization;
55. Disputes related to the construction of marine and navigable water areas (including underwater dredging, land reclamation, cable or pipeline laying, as well as the construction of docks, shipyards, drilling platforms, artificial islands, tunnels, bridges, etc.);
56. Disputes related to coastal zone development and utilization;
57. Dispute cases related to marine scientific exploration;
58. Cases of contract disputes over fishing operations (including fishing, aquaculture, etc.) in marine and navigable waters;
59. Disputes over financing lease contracts for marine development and utilization equipment and facilities;
60. Disputes over guarantee contracts such as mortgage and pledge of marine development and utilization equipment and facilities;
61. Cases of loan contract disputes arising from the establishment of guarantees for marine development and utilization equipment and facilities, except for cases where the parties only sue for loan contract disputes;
62. Disputes arising from guarantees, independent guarantees, letters of credit, and other related claims related to maritime production and operation, such as the construction of marine and navigable water engineering projects, and the utilization of marine resources;
63. Cases of disputes over maritime use rights (including contract disputes, transfer, mortgage, and related infringement disputes), except for cases of property rights disputes arising from the application for maritime use rights;
64. Mediation or commission contract disputes related to the contracts or behaviors specified in items 53 to 63 above;
65. Disputes over liability for pollution of the marine environment and damage to marine ecology;
66. Disputes over responsibility for polluting the environment of navigable waters and damaging the ecological environment of navigable waters;
67. Other infringement liability disputes and neighboring relationship disputes arising from the development and utilization of marine or navigable waters, and engineering construction.
Other maritime and commercial dispute cases
68. Cases of disputes over ship property rights such as ship ownership, ship priority, ship lien, and ship mortgage;
69. Disputes over ownership, retention, mortgage, and other property rights of port goods, sea freight containers, and port equipment and facilities;
70. Property disputes over ownership, retention, mortgage, and other property rights related to the development and utilization of equipment and facilities in the ocean and navigable waters;
71. Disputes arising from the transfer or pledge of bills of lading;
72. Maritime rescue dispute cases;
73. Disputes over salvage and clearance of maritime and navigable waters;
74. Cases of general average disputes;
75. Port operation dispute cases;
76. Disputes over property management in maritime and navigable waters without cause;
77. Maritime fraud dispute cases;
78. Disputes related to shipping brokers and shipping derivative transactions.
Maritime administrative cases
79. Administrative litigation cases filed due to dissatisfaction with administrative actions taken by maritime administrative authorities involving ships, goods, equipment and facilities, shipping containers, and other property at sea, navigable waters, or ports;
80. Administrative litigation cases filed due to dissatisfaction with administrative actions taken by maritime administrative authorities regarding qualifications and legality related to maritime and navigable water transportation operations, related auxiliary operations, freight forwarding, crew competency and boarding services, etc;
81. Administrative litigation cases filed due to dissatisfaction with administrative actions taken by maritime administrative authorities involving the development and utilization of marine and navigable waters, fisheries, environmental and ecological resource protection, and other activities;
82. Administrative litigation cases filed by relevant maritime administrative authorities for refusing to fulfill the administrative management responsibilities mentioned in items 79 to 81 above or failing to respond;
83. Cases where relevant maritime administrative organs and their staff engage in administrative acts mentioned in items 79 to 81 above, or exercise relevant administrative management powers that harm their legitimate rights and interests, and request the relevant administrative organs to assume state compensation liability;
84. Cases where relevant maritime administrative organs and their staff engage in administrative acts mentioned in items 79 to 81 above or exercise relevant administrative management powers that affect their legitimate rights and interests, and request the relevant administrative organs to assume national compensation responsibilities;
85. Cases related to maritime administrative authorities applying for compulsory execution in accordance with the law for administrative acts mentioned in items 79 to 81 above.
Maritime special procedure cases
86. Cases applying for recognition of the effectiveness of maritime arbitration agreements;
87. Applications for recognition and enforcement of foreign maritime arbitration awards, applications for recognition and enforcement of maritime arbitration awards in the Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan region, and applications for enforcement or revocation of domestic maritime arbitration awards;
88. Applications for recognition and enforcement of maritime judgments of foreign courts, and applications for recognition and enforcement of maritime judgments of courts in the Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan region;
89. Cases of applying for the determination of property ownership in maritime and navigable waters;
90. Cases of applying for unconditional management of property in maritime and navigable waters;
91. Cases of applying for declaration of disappearance or death due to activities or accidents in maritime or navigable waters;
92. Cases of applying for the seizure of ships, cargo, materials, fuel, or preservation of other property in maritime disputes before filing a lawsuit;
93. Cases of liability disputes arising from errors in the application for property preservation by maritime claimants or excessively high amounts of requested guarantees;
94. Application for maritime injunction cases;
95. Application for maritime evidence preservation case;
96. Cases of liability disputes arising from incorrect application for maritime injunctions and preservation of maritime evidence;
97. Application for payment order in maritime disputes;
98. Application for public notice and reminder of maritime disputes;
99. Application for the establishment of a maritime compensation liability limitation fund (including an oil pollution compensation liability limitation fund) case;
100. Debt registration and compensation cases related to auctioning ships or establishing maritime compensation liability limitation funds (including oil pollution compensation liability limitation funds);
In order to further address the issue of prosecution materials encountered by parties from different jurisdictions when submitting or applying to the Beijing International Commercial Court, the Beijing International Commercial Court has issued this Q&A in accordance with the Civil Procedure Law of the People’s Republic of China and relevant judicial interpretations of the Supreme People’s Court, in combination with case jurisdiction and trial practice.
Question 1: What subject qualification certificates should foreigners or residents of Hong Kong, Macao, and Taiwan submit when filing a lawsuit?
Answer: Foreigners participating in litigation should submit identification documents such as passports and entry certificates to prove their identity; If I am unable to go to the people’s court overseas, I shall submit notarized and authenticated identification materials.
Residents of Hong Kong, Macau, and Taiwan are required to submit their personal identification documents (Hong Kong, Macau, and Taiwan resident ID cards, return home permits); Hong Kong or Macau residents who do not have a residence in mainland China and are unable to file a lawsuit in a people’s court outside of mainland China should submit identification materials notarized by lawyers from Hong Kong or Macau (commissioned by the Ministry of Justice of China) and authenticated by China Legal Services (Hong Kong or Macau) Co., Ltd. with a special seal for notarized document transmission; Taiwanese residents who do not have a residence in mainland China shall submit identification documents notarized by a Taiwanese notary public and certified by the Chinese or Beijing Notary Public Association.
Question 2: What subject qualification certification materials should foreign and Hong Kong, Macao, and Taiwan enterprises and organizations submit for litigation?
Answer: Foreign enterprises or organizations without a domicile within the territory of our country shall submit notarized and authenticated identification materials established in accordance with the law; A person representing a foreign enterprise or organization in litigation shall submit a notarized and authenticated proof of their right to participate as a representative in litigation.
Hong Kong or Macau enterprises or organizations that do not have a residence in mainland China shall submit a legally established certificate notarized by lawyers from Hong Kong or Macau (commissioned by the Ministry of Justice of China) and authenticated by China Legal Services (Hong Kong or Macau) Co., Ltd. with a notarized document transmission seal; Taiwanese enterprises or organizations without a residence in mainland China shall submit a legally established certificate notarized by a Taiwanese notary public and certified by the Chinese or Beijing Notary Public Association.
Question 3: What are the requirements for an authorization letter?
Answer: (1) For foreign parties, Hong Kong, Macao, and Taiwan parties who do not have a domicile within the territory of our country, if they entrust Chinese lawyers or other people to represent them in litigation, the authorization letter sent or entrusted from outside the territory of our country or the mainland needs to be notarized and authenticated accordingly.
Representatives of natural persons, enterprises, or organizations from foreign countries and Hong Kong, Macao, and Taiwan regions who sign authorization letters within the territory of China must submit a certificate notarized by a notary public in China; If the entrusted procedures are handled in person in the court, the judge may witness the act of signing the power of attorney in accordance with the law.
A Taiwanese party holding a residence permit in Taiwan entrusts a lawyer or other person from mainland China to represent them in litigation. The power of attorney does not require notarization or other certification procedures in accordance with Article 17 of the Supreme People’s Court’s Measures on Providing Judicial Services for Deepening Cross Strait Integration and Development.
(2) Foreign parties in foreign-related civil litigation can entrust their own country as their litigation agent, or entrust their own country’s lawyer to act as their litigation agent in a non lawyer capacity; Officials of foreign embassies and consulates in China may act as litigation agents in their personal names on behalf of their own citizens, but they do not enjoy diplomatic or consular privileges and exemptions in litigation.
(3) If the agent signs on behalf of the plaintiff, there must be a clear authorization letter regarding the signing of the plaintiff on behalf of the agent, and it cannot only be written as “suing on behalf of”.
Question 4: Do the written materials submitted by the parties have translation requirements?
Answer: The written materials submitted by the parties to the Beijing International Commercial Court are in foreign languages, and they should also submit a Chinese translation to the Beijing International Commercial Court. If the parties have objections to the Chinese translation, they shall jointly entrust a translation agency to provide the translated text; If the parties cannot reach a consensus on the choice of translation agency, it shall be determined by the court.
Question 5: Which parties can file cross-border lawsuits online?
Answer: Foreigners, residents of the Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan region, mainland Chinese citizens whose habitual residence is located abroad or in the Hong Kong, Macao, and Taiwan region, as well as enterprises and organizations registered abroad or in the Hong Kong, Macao, and Taiwan region, can file cases online through the China Mobile Micro Court.
Question 6: How can cross-border litigants apply for online video witnessing when entrusting lawyers from mainland China to represent them in litigation?
Answer: Cross border litigation parties and their authorized agents can apply for online video witnessing to the court accepting the case through China Mobile’s WeChat mini program or computer.
Online video witnessing is initiated by judges online, with judges, cross-border litigation parties, and commissioned lawyers simultaneously video online. Cross border litigation parties should use the common language of China or be equipped with translators. Judges should confirm whether the appointed lawyer and their law firm, as well as the entrusted behavior, are the true expressions of intent of cross-border litigation parties. Under the witness of a judge’s video, cross-border litigation parties and authorized lawyers sign relevant agency documents without the need for notarization, authentication, and transmission procedures. After online video witnessing, the appointed lawyer can carry out online filing, online payment, and other matters on behalf of them.
Question 7: What materials should be submitted when applying for recognition and enforcement of effective civil and commercial judgments by foreign courts?
Answer: If the applicant applies to the people’s court for recognition and enforcement of legally effective judgments or rulings made by foreign courts, they shall submit:
(1) Two copies of the application form. The application should clearly state the applicant’s basic information, request and reasons, as well as the situation of the parties being summoned and responding to the lawsuit;
(2) Notarized and authenticated original or certified copies of court judgments and rulings, as well as Chinese translations;
(3) If the court judgment or ruling is a default judgment or ruling, the applicant shall submit proof of lawful summons and response to the lawsuit at the same time, except where the judgment or ruling has clearly stated this.
At the same time, it should be noted that international treaties that China has signed or participated in have provisions for the submission of documents, which shall be handled in accordance with the regulations.
Question 8: What materials should be submitted when applying for recognition and enforcement of foreign arbitration awards?
Answer: If the applicant applies for recognition and enforcement of a foreign arbitration award, they shall submit the original application and award, or a certified copy.
The application shall specify the following: (1) If the applicant or the respondent is a natural person, their name, gender, date of birth, nationality, and residence shall be stated; If it is a legal person or other organization, its name, address, and the name and position of the legal representative or representative shall be specified; (2) The main content and effective date of the award; (3) Specific requests and reasons.
The foreign language application, award and other documents submitted by the parties shall be accompanied by a Chinese translation.
Question 9: What materials should be submitted when applying for recognition and enforcement of civil and commercial judgments in the Hong Kong Special Administrative Region?
Answer: The applicant’s application for recognition and enforcement of civil and commercial judgments in the Hong Kong Special Administrative Region shall comply with the provisions of the current effective “Arrangement of the Supreme People’s Court on Mutual Recognition and Enforcement of Civil and Commercial Judgments under the Jurisdiction of Parties in Mainland China and Hong Kong Special Administrative Region Courts”.
The applicant shall submit the following documents: (1) an application for recognition and execution; (2) A copy of the judgment stamped by the court that made the final judgment; (3) A certificate issued by the court that made the final judgment, proving that the judgment belongs to the final judgment referred to in Article 2 of the “Arrangement of the Supreme People’s Court on the Mutual Recognition and Enforcement of Judgments in Civil and Commercial Cases under the Jurisdiction of the Mainland and Hong Kong Special Administrative Region Courts”, and can be enforced at the place where the judgment is made. This certificate needs to be notarized separately; (4) Identity proof materials: 1. If the applicant is a natural person, they should submit their ID card or a notarized copy of their ID card; If the applicant is a legal person or other organization, a notarized copy of the registration certificate of the legal person or other organization shall be submitted; If the applicant is a foreign legal person or other organization, corresponding notarization and authentication materials should be submitted.
At the same time, it should be noted that if the documents submitted by the applicant do not have a Chinese text, a certified Chinese translation should be attached.
Question 10: What materials should be submitted when applying for recognition and enforcement of civil and commercial judgments in the Macao Special Administrative Region?
Answer: The application for recognition and enforcement of civil and commercial judgments in the Macao Special Administrative Region should comply with the provisions of the current effective “Arrangement between the Mainland and the Macao Special Administrative Region on Mutual Recognition and Enforcement of Civil and Commercial Judgments”. The applicant shall submit an application, which shall be accompanied by a copy of the effective judgment or a certificate stamped by the court that made the effective judgment. At the same time, relevant documents issued by the court or authorized institution that issued the effective judgment proving the following matters shall be attached:
(1) The summons shall be made in accordance with the law, except as proven by the judgment;
(2) A person without legal capacity shall be represented in accordance with the law, except as proven by the judgment;
(3) According to the law of the place where the judgment is made, the judgment has been served on the parties and has become effective;
(4) If the applicant is a legal person, a copy of the business license or registration certificate of the legal person shall be provided;
(5) Proof of execution issued by the court where the judgment was made.
Question 11: What materials should be submitted when applying for recognition and enforcement of civil judgments in Taiwan?
Answer: The applicant’s application for recognition and enforcement of civil judgments of courts in Taiwan should comply with the current effective provisions of the Supreme People’s Court on the Recognition and Enforcement of Civil Judgments of Courts in Taiwan. The applicant shall submit an application form and attach the original or certified true copy of the civil judgment documents and civil judgment determination certificates issued by relevant courts in Taiwan. If the civil judgment of the Taiwan court is a default judgment, the applicant shall also submit proof documents that the Taiwan court has lawfully summoned the parties, except for those that have been clearly stated in the judgment.
The application shall specify the following: (1) the name, gender, age, occupation, ID number, address of the applicant and the respondent (if the applicant or the respondent is a legal person or other organization, the name, address, name and position of the legal representative or main person in charge of the legal person or other organization shall be specified) and communication method; (2) Request and reasons; (3) The execution status of the judgment applied for recognition; (4) Other situations that need to be explained.
Question 12: What materials should be submitted when applying for recognition and enforcement of civil cases related to marriage and family in the Hong Kong Special Administrative Region?
Answer: The arrangement of the Supreme People’s Court on mutual recognition and enforcement of judgments in civil cases of marriage and family between mainland and Hong Kong Special Administrative Region courts has been implemented on February 15, 2022.
If applying for recognition and enforcement of effective judgments made by the courts of the Hong Kong Special Administrative Region in civil cases of marriage and family, the following materials shall be submitted: (1) Application form; (2) A copy of the judgment stamped by the court that made the effective judgment; (3) A certificate issued by the court that made the effective judgment, proving that the judgment belongs to the effective judgment of marriage and family civil cases stipulated in this arrangement; (4) If the judgment is made by default, proof documents that the court has lawfully summoned the parties shall be submitted, except where the judgment has clearly stated this or the absent party has applied for it; (5) A notarized copy of the ID document.
If applying for recognition of an agreement or memorandum for the dissolution of marriage in accordance with Part V and Part VA of the Marriage Reform Ordinance (Chapter 178 of the Laws of Hong Kong), the following materials should be submitted: (1) Application form; (2) A notarized copy of the divorce certificate, or a notarized copy of the agreement or memorandum; (3) A notarized copy of the ID document.
Question 13: What materials should be submitted when applying for recognition of divorce judgments in foreign courts?
Answer: To apply for recognition that a foreign court’s divorce judgment is a special judicial assistance case, the applicant should submit: (1) two copies of the application, which should specify the basic information of the applicant and the respondent, the court of the country where the judgment was made, the result and time of the judgment, the summons and responses of the parties, the reasons and requests for the application, and other information that needs to be explained; (2) The original notarized and authenticated divorce judgment from a foreign court, as well as a certified Chinese translation. If a foreign court makes a judgment by default, the applicant shall submit proof of lawful summons and response, as well as a certified Chinese translation, unless the judgment has already explained this. If the judgment does not specify the time when the judgment has taken effect, a certificate issued by the foreign court that made the judgment that the judgment has taken effect, as well as a Chinese translation proving its accuracy, should be submitted; (3) A certified Chinese translation can be verified through the following means: 1. Notarization by a foreign notary public, authentication by the Ministry of Foreign Affairs or an authorized agency of the Ministry of Foreign Affairs, and authentication by our embassy or consulate abroad; 2. Direct notarization by overseas embassies and consulates; 3. Notarization by domestic notary authorities.
In order to further standardize the filing and review work of cases accepted by the Beijing International Commercial Court, the Beijing International Commercial Court has issued this Q&A in accordance with the Civil Procedure Law of the People’s Republic of China and relevant judicial interpretations of the Supreme People’s Court, in combination with case jurisdiction and trial practice.
Question 1: What is the jurisdiction of the Beijing International Commercial Court?
Answer: The Beijing International Commercial Court has jurisdiction in accordance with the law:
（1） The first instance of foreign-related, Hong Kong, Macao, and Taiwan commercial cases with a litigation amount of less than 5 billion yuan that should be accepted by the Beijing Municipal Court, except for cases that should be accepted by the Beijing Financial Court;
（2） Judicial review cases related to foreign and Hong Kong, Macao, and Taiwan arbitration that should be under the jurisdiction of the Beijing Municipal Court, including cases of applying for confirmation of the effectiveness of arbitration agreements, cases of applying for revocation of arbitration awards from arbitration institutions in mainland China, cases of applying for recognition and enforcement of arbitration awards in the Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan regions, and cases of applying for recognition and enforcement of foreign arbitration awards (excluding labor disputes and financial arbitration awards);
（3） Application for recognition and enforcement of civil judgments of foreign courts under the jurisdiction of Beijing Municipal Court; Application for recognition and enforcement of civil judgments of courts in the Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan region (excluding financial judicial assistance cases).
Question 2: How to determine the standards for foreign-related commercial cases?
Answer: In judicial practice, it is mainly judged whether a case is a foreign-related case based on three elements: the subject, object, and content of the legal relationship involved in the case. In general, if one of the following situations occurs, the people’s court may recognize it as a foreign-related civil case:
1. If one or both parties are foreigners, stateless persons, foreign enterprises or organizations;
2. If one or both parties have their habitual residence outside the territory of the People’s Republic of China;
3. The subject matter is outside the territory of the People’s Republic of China;
4. The legal facts that create, modify, or eliminate civil relations occur outside the territory of the People’s Republic of China;
5. Other circumstances that can be recognized as foreign-related civil cases.
The people’s court may refer to the special provisions on the application of foreign-related civil litigation procedures when handling civil litigation cases involving Hong Kong, Macao Special Administrative Region, and Taiwan.
After determining whether the case is a foreign-related case, it is also necessary to determine whether the case belongs to a commercial case. According to the trial practice of Beijing courts, the scope of commercial cases is the cases that are heard by the commercial trial court as stipulated in the Notice of the Beijing Higher People’s Court on Implementing the Regulations on Standardizing the Jurisdiction of Civil and Commercial Trial Courts (Trial). The more common cases are loan contract disputes, sales contract disputes, and company related disputes.
Question 3: If the defendant has a residence in China, how can we determine that the case is under the jurisdiction of the Beijing International Commercial Court?
Answer: When the defendant has a residence within the territory of our country, the principle of jurisdiction of the case is as follows:
(1) Priority of jurisdiction by agreement means that the parties to a contract or other property rights dispute may choose in writing to have jurisdiction over the people’s court located in the defendant’s domicile, the place of contract performance, the place of contract signing, the plaintiff’s domicile, the location of the subject matter, and other places that are actually related to the dispute, but shall not violate the provisions of hierarchical jurisdiction and exclusive jurisdiction; Foreign courts with actual connection to the dispute, such as the defendant’s domicile, the place of contract performance, the place of contract signing, the plaintiff’s domicile, the location of the subject matter, and the place of infringement, can also be chosen through a written agreement for jurisdiction;
(2) If there is no agreement on jurisdiction between the parties, a lawsuit filed due to a contract dispute shall be under the jurisdiction of the people’s court of the defendant’s domicile or the place of contract performance;
(3) Lawsuits arising from disputes over the establishment, confirmation of shareholder qualifications, distribution of profits, dissolution, etc. of the company shall be under the jurisdiction of the people’s court in the place where the company is located.
According to the above jurisdictional principles, if the jurisdictional connection point is located in Beijing, one can choose to file a lawsuit with the Beijing International Commercial Court.
Question 4: If the defendant does not have a residence within the territory of our country, how can the jurisdiction of the case be determined?
Answer: When the defendant has no domicile within the territory of our country, the principle of jurisdiction of the case is as follows:
(1) Priority of jurisdiction by agreement means that the parties to a contract or other property rights dispute may choose in writing to have jurisdiction over the people’s court located in the defendant’s domicile, the place of contract performance, the place of contract signing, the plaintiff’s domicile, the location of the subject matter, and other places that are actually related to the dispute, but shall not violate the provisions of hierarchical jurisdiction and exclusive jurisdiction; Foreign courts with actual connection to the dispute, such as the defendant’s domicile, the place of contract performance, the place of contract signing, the plaintiff’s domicile, the location of the subject matter, and the place of infringement, can also be chosen through a written agreement for jurisdiction;
(2) If there is no agreement jurisdiction, a lawsuit filed against a defendant who does not have a domicile in China due to contract disputes or other property rights disputes, if the contract is signed or performed in China, or the subject matter of the lawsuit is in China, or the defendant has property available for seizure in China, or the defendant has a representative office in China, it can be under the jurisdiction of the people’s court in the place where the contract is signed, the place where the contract is performed, the place where the subject matter of the lawsuit is located, the place where the property available for seizure is located, the place where the infringement is committed, or the place where the representative office is located;
(3) Lawsuits arising from disputes over the establishment, confirmation of shareholder qualifications, distribution of profits, dissolution, etc. of the company shall be under the jurisdiction of the people’s court in the place where the company is located.
According to the above jurisdictional principles, if the jurisdictional connection point is located in Beijing, one can choose to file a lawsuit with the Beijing International Commercial Court.
Question 5: What are the types of cases under the jurisdiction of foreign courts that cannot be negotiated?
Answer: According to the provisions of the Civil Procedure Law, cases under the exclusive jurisdiction of Chinese courts cannot be placed under the jurisdiction of foreign courts. The types of cases include real estate disputes, disputes arising from port operations, inheritance disputes, disputes arising from the performance of Sino foreign joint venture contracts, Sino foreign cooperative enterprise contracts, and Sino foreign cooperative exploration and development contracts in China. The above types of cases cannot be placed under the jurisdiction of foreign courts through agreement, but arbitration can be agreed upon.
Question 6: What are the conditions for the parties to apply to the Beijing International Commercial Court for confirmation of the validity of an arbitration agreement in a case?
Answer: Cases that apply for confirmation of the effectiveness of an arbitration agreement shall be under the jurisdiction of the intermediate people’s court or a specialized people’s court in the place where the arbitration institution is located, the place where the arbitration agreement is signed, the applicant’s domicile, or the respondent’s domicile as stipulated in the arbitration agreement.
If the above-mentioned location is located in Beijing and the case has foreign-related factors, the applicant can apply to the Beijing International Commercial Court.
Question 7: What are the conditions for the parties to apply to the Beijing International Commercial Court for the revocation of an arbitration award?
Answer: The parties may apply to the intermediate people’s court where the arbitration commission is located to revoke the award. Based on current trial practice, if a party applies for revocation of an arbitration award made by the China International Economic and Trade Arbitration Commission and the Beijing Arbitration Commission with foreign-related factors (excluding financial cases), they may apply to the Beijing International Commercial Court.
Question 8: What are the conditions for parties to apply to the Beijing International Commercial Court for recognition and enforcement of foreign arbitration awards or arbitration awards in Hong Kong, Macao, and Taiwan?
Answer: The parties applying for recognition and enforcement of foreign arbitration awards or arbitration awards in Hong Kong, Macao, and Taiwan can apply to the intermediate people’s court in the place where the defendant’s domicile or property is located. Therefore, if the defendant’s domicile or property is located in Beijing, the applicant can apply to the Beijing International Commercial Court.
Question 9: What are the conditions for parties to apply to the Beijing International Commercial Court for recognition and enforcement of effective judgments and rulings of foreign courts?
Answer: Parties applying for recognition and enforcement of effective civil judgments and rulings made by foreign courts may apply to the intermediate people’s court in the place of residence, habitual residence, or property location of the respondent. Therefore, if the above-mentioned jurisdictional connection point is located in Beijing, the applicant can apply to the Beijing International Commercial Court.
Question 10: What are the conditions for parties to apply to the Beijing International Commercial Court for recognition and enforcement of effective judgments and rulings in Hong Kong, Macao, and Taiwan?
Answer: The parties applying for recognition and enforcement of civil and commercial judgments in accordance with the provisions of the “Arrangement of the Supreme People’s Court on Mutual Recognition and Enforcement of Judgments in Civil and Commercial Cases under the Jurisdiction of Parties in Mainland China and Hong Kong Special Administrative Region Courts” and “Arrangement of the Supreme People’s Court on Mutual Recognition and Enforcement of Judgments in Civil and Family Cases between Mainland China and Hong Kong Special Administrative Region Courts” shall submit to the intermediate people’s court in the place of residence, habitual residence or property location of the respondent.
The parties applying for recognition and enforcement of civil and commercial judgments that comply with the provisions of the “Arrangement of the Supreme People’s Court on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region” may apply to the intermediate people’s court in the place of residence, habitual residence or property location of the respondent;
The parties applying for recognition and enforcement of civil judgments that comply with the provisions of the Supreme People’s Court on the Recognition and Enforcement of Civil Judgments of Courts in Taiwan may apply to the intermediate people’s court or specialized people’s court of the applicant’s domicile, habitual residence, or the respondent’s domicile, habitual residence, or property location.
Therefore, if the above-mentioned jurisdictional connection point is located in Beijing, the applicant can apply to the Beijing International Commercial Court.
Jinggao Fafa [2023] No. 2339
The first, second, third, and fourth intermediate people’s courts of the city, the Beijing Intellectual Property Court, and the Beijing Financial Court; Beijing Internet Court, People’s Courts of all districts; All departments of the Municipal High People’s Court:
In order to implement the “Provisions of the Supreme People’s Court on Several Issues Concerning the Jurisdiction of Foreign Related Civil and Commercial Cases” (Fa Shi [2022] No. 18), optimize the jurisdiction mechanism of foreign related cases, improve the quality and efficiency of foreign related trials in Beijing courts, and better serve the development of the capital in the new era, after discussion and approval by the Trial Committee of the Municipal Higher People’s Court, the division of jurisdiction for some foreign related cases has been adjusted as follows:
1、 The level of jurisdiction of Beijing courts over foreign-related commercial cases, foreign-related civil cases, as well as foreign-invested enterprise establishment, capital contribution, confirmation of shareholder qualifications, distribution of profits, merger, division, dissolution and other civil and commercial cases related to the enterprise, and civil and commercial cases where one party is a foreign-owned enterprise:
（1） Grassroots people’s courts have jurisdiction over first instance foreign-related civil and commercial cases, except as otherwise provided by laws and judicial interpretations.
（2） The Fourth Intermediate People’s Court of Beijing Municipality shall have centralized jurisdiction over the following first instance foreign-related civil and commercial cases that should be under the jurisdiction of the Intermediate People’s Court of this Municipality:
(1) Foreign civil and commercial cases with a litigation amount of over 40 million yuan (including the principal amount);
(2) Foreign civil and commercial cases with complex circumstances or a large number of parties involved;
(3) Other foreign-related civil and commercial cases with significant impact in this city;
(4) If there are other provisions in laws and judicial interpretations regarding the jurisdiction of intermediate people’s courts over foreign-related civil and commercial cases in the first instance, relevant provisions shall be followed.
（3） The Municipal High People’s Court has jurisdiction over the first instance foreign-related civil and commercial cases with a litigation amount of RMB 5 billion or more (including this number) or other significant impacts in its jurisdiction.
2、 The foreign-related civil and commercial cases referred to in Article 1 of this notice, which are first tried by various grassroots courts in Beijing, shall be under the centralized jurisdiction of the Fourth Intermediate People’s Court of Beijing, except as otherwise provided by laws and judicial interpretations.
3、 The preservation and enforcement cases of foreign-related arbitration under the jurisdiction of Beijing courts shall be under the centralized jurisdiction of the Fourth Intermediate People’s Court of Beijing.
4、 The first instance administrative cases related to foreign affairs under the jurisdiction of Beijing courts are under the centralized jurisdiction of the Fourth Intermediate People’s Court of Beijing.
5、 This notice does not apply to cases involving disputes over foreign-related intellectual property rights, compensation for foreign-related ecological environment damage, civil public interest litigation cases related to foreign-related environment, foreign-related bankruptcy liquidation cases, and other cases subject to jurisdiction as otherwise provided by judicial interpretations. The application for recognition and enforcement of foreign court judgments, foreign-related arbitration judicial review cases, foreign-related environmental civil public interest litigation cases and other foreign-related cases under the jurisdiction of the Fourth Intermediate People’s Court of Beijing shall continue to be under the centralized jurisdiction of the court. All types of foreign-related financial cases involving the jurisdiction of the Beijing Financial Court shall continue to be under the jurisdiction of the Beijing Financial Court in accordance with the provisions of the Supreme People’s Court on the jurisdiction of Beijing Financial Court cases.
6、 This notice shall apply to preservation and enforcement cases involving civil, commercial, administrative, and arbitration matters in Hong Kong, Macao Special Administrative Region, and Taiwan.
7、 This notice shall come into effect on January 1, 2024. If the parties have already submitted an application for filing to the court before January 1, 2024, the original receiving court shall continue to review, hear, and enforce it. The jurisdiction of the second instance court related to this notice shall be determined by the time when the parties submit their petitions. If the time when the parties submit their petitions is after January 1, 2024, it shall be under the jurisdiction of the Beijing Fourth Intermediate People’s Court; If the submission time is before January 1, 2024, it shall be under the jurisdiction of the intermediate people’s court with the original jurisdiction. In case of any inconsistency between the notices and regulations previously issued by this court and this notice, this notice shall prevail.
Beijing Higher People’s Court
December 29th, 2023
(Approved at the 1872nd meeting of the Judicial Committee of the Supreme People’s Court on August 16, 2022, effective from January 1, 2023)
In order to protect the legitimate rights and interests of both Chinese and foreign parties in accordance with the law, facilitate litigation, and further improve the quality and efficiency of foreign-related civil and commercial trials, in accordance with the provisions of the Civil Procedure Law of the People’s Republic of China and in combination with judicial practice, this regulation is formulated.
Article 1: Grassroots people’s courts shall have jurisdiction over foreign-related civil and commercial cases in the first instance, except as otherwise provided by laws and judicial interpretations.
Article 2: The Intermediate People’s Court shall have jurisdiction over the following first instance foreign-related civil and commercial cases:
（1） Foreign civil and commercial cases with a large amount of disputed subject matter.
Intermediate people’s courts in the jurisdiction of Beijing, Tianjin, Shanghai, Jiangsu, Zhejiang, Fujian, Shandong, Guangdong, and Chongqing, with jurisdiction over foreign-related civil and commercial cases with a litigation amount of RMB 40 million or more (including this number);
The intermediate people’s courts in Hebei, Shanxi, Inner Mongolia, Liaoning, Jilin, Heilongjiang, Anhui, Jiangxi, Henan, Hubei, Hunan, Guangxi, Hainan, Sichuan, Guizhou, Yunnan, Xizang, Shaanxi, Gansu, Qinghai, Ningxia and Xinjiang, the military courts in the war zones and directly under the PLA, and the intermediate people’s courts under the Production and Construction Corps Branch of the Higher People’s Court of the Xinjiang Uygur Autonomous Region, have jurisdiction over foreign-related civil and commercial cases with the subject matter of litigation of more than 20 million yuan (inclusive).
（2） Foreign civil and commercial cases with complex circumstances or a large number of parties involved.
（3） Other foreign-related civil and commercial cases with significant impact in this jurisdiction.
If there are other provisions in laws and judicial interpretations regarding the jurisdiction of intermediate people’s courts over foreign-related civil and commercial cases in the first instance, relevant provisions shall be followed.
Article 3: The Higher People’s Court shall have jurisdiction over the first instance foreign-related civil and commercial cases with a litigation amount of RMB 5 billion or more (including this number) or other significant impacts in its jurisdiction.
Article 4: If the Higher People’s Court deems it necessary based on the actual situation of its jurisdiction, and with the approval of the Supreme People’s Court, it may designate one or more grassroots people’s courts and intermediate people’s courts to exercise cross regional centralized jurisdiction over the first instance foreign-related civil and commercial cases stipulated in Article 1 and Article 2 of these Regulations.
If cross regional centralized jurisdiction is implemented in accordance with the provisions of the preceding paragraph, the higher people’s court shall promptly disclose to the society the corresponding jurisdiction areas of the grassroots people’s court and the intermediate people’s court.
Article 5: Civil and commercial cases involving foreign elements shall be tried by a specialized trial or collegial panel.
Article 6: These Provisions shall not apply to cases involving foreign-related maritime and commercial disputes, foreign-related intellectual property disputes, foreign-related ecological environment damage compensation disputes, and foreign-related environmental civil public interest litigation cases.
Article 7: Civil and commercial cases involving Hong Kong, Macao Special Administrative Region, and Taiwan shall be governed by these provisions.
Article 8: These regulations shall come into effect on January 1, 2023. Cases accepted after the implementation of these regulations shall be governed by these regulations.
Article 9: In case of any inconsistency between the judicial interpretations previously issued by this court and these regulations, these regulations shall prevail.
