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Edited Time: April 3, 2023Edited by: adminCategory: Publications

What are the types of cases where the jurisdiction of foreign courts cannot be agreed upon?

According to the provisions of China’s Civil Procedure Law, cases under the exclusive jurisdiction of Mainland China’s courts cannot be subject to the jurisdiction of foreign courts by agreement.

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, Sino-foreign cooperative contracts for exploration and development of natural resources in Mainland China.

The above types of cases cannot be subject to the jurisdiction of foreign courts by agreement but can be subject to chosen arbitration.