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
