Notice of the Supreme People’s Court on Several Issues to Pay Attention to in the Trial and Execution of Foreign Civil and Commercial Cases

In order to handle foreign-related civil and commercial cases in a timely and fair manner in accordance with the law, promote major economic activities such as China’s foreign economic and trade, and attract investment, and adapt to the new situation of China’s upcoming accession to the World Trade Organization, the following issues that should be noted in the trial and execution of foreign-related civil and commercial cases are hereby notified:
1. Strictly implement the review procedures for foreign-related civil and commercial cases, and effectively protect the litigation rights of all parties involved. People’s courts at all levels should strictly abide by the Civil Procedure Law of the People’s Republic of China and the provisions of the Supreme People’s Court and its approved higher people’s courts on case jurisdiction, and carefully review foreign-related civil and commercial cases brought to the court. For those who fall within the scope of acceptance by the people’s court, comply with the provisions of level jurisdiction, regional jurisdiction, and exclusive jurisdiction, and meet the conditions for prosecution as stipulated by law, they shall file a case in a timely manner within the statutory time limit, and shall not delay or shift the blame; For cases that do not fall within the scope of acceptance by the people’s court, it is necessary to promptly inform the parties to take other forms of relief, and it is not allowed to illegally abuse jurisdiction or give up jurisdiction without reason. If there are arbitration clauses or written arbitration agreements reached by the parties in foreign-related contracts, the people’s court shall not accept them; According to the application of the parties involved and in accordance with legal provisions, if the arbitration agreement for a foreign-related contract is to be ruled invalid, it should first be submitted to the Supreme People’s Court level by level. The invalidity of the arbitration agreement can only be confirmed after the Supreme People’s Court responds and agrees. The service procedures for legal documents in foreign-related civil and commercial cases must be legal; If served by public announcement, it must be strictly handled in accordance with Article 84 of the Civil Procedure Law of the People’s Republic of China, and should be published in the People’s Court Daily or a newspaper publicly distributed at or above the provincial level, as well as in the notice column of the court in question.
2. Strictly apply the civil and commercial laws for handling cases in accordance with conflict norms, and effectively protect the legitimate rights and interests of domestic and foreign parties in an open, just, timely, and equal manner in accordance with the law. When trying foreign-related civil and commercial cases, people’s courts at all levels should adhere to the principles of national sovereignty and independent trial in accordance with the law, ensuring the procedural and substantive fairness of case handling. Except as otherwise provided by law, all civil and commercial cases involving foreign elements shall be heard publicly, and news media shall be allowed to report on them with their own responsibility. The trial of a case must achieve objective and comprehensive determination of facts, accurate and appropriate application of laws, and fair and legal entity handling. Except for the three types of contracts stipulated in Article 126 (2) of the Contract Law of the People’s Republic of China, which must be governed by Chinese law, all contracts should be accurately selected according to relevant regulations or agreements between the parties; For international conventions to which China is a party, except for the clauses on which China has declared reservations, priority should be given to their application, and international practice can also be referred to. The production of foreign-related legal documents should have smooth writing, rigorous logic, standardized format, and thorough reasoning.
3. Strictly abide by the execution regulations of effective legal documents in foreign-related civil and commercial cases, and effectively safeguard the national judicial authority. In the process of strengthening enforcement work, people’s courts at all levels should recognize the importance of foreign-related enforcement work from the perspective of maintaining the national judicial image and the dignity of the legal system, and further strengthen the enforcement of foreign-related cases.