1. If there are special provisions in foreign-related civil litigation, the special provisions shall apply;
2. If there are no special provisions in foreign-related civil litigation, the general provisions of the Civil Procedure Law on litigation jurisdiction shall apply;
3. Where the international treaties concluded or acceded to by China have special provisions on jurisdiction, the provisions of the international treaties shall apply;
4. If there are no provisions in the above-mentioned laws or treaties, you can participate in international practices and practices generally adopted by most countries in the world to determine jurisdiction.
Two, in accordance with the provisions of the Civil Procedure Law, the types of foreign-related civil litigation jurisdiction mainly include:
(1) implicated jurisdiction. That is, in disputes over contracts or other property rights and interests, the special territorial jurisdiction brought against defendants who have no domicile in China can be under the jurisdiction of the court where the case actually occurred.
(2) Jurisdiction by agreement, that is, in disputes over foreign-related contracts or other property rights and interests, the parties can choose the court jurisdiction of the place actually related to the dispute in writing.
(3) Respond to the jurisdiction, that is, if the defendant in a foreign-related civil litigation case does not raise any objection to the jurisdiction of the people's court but responds to the lawsuit, it is deemed to recognize the jurisdiction of the people's court.
(4) Exclusive jurisdiction, that is, the lawsuit brought by the Chinese-foreign joint venture contract, Chinese-foreign cooperative operation contract and Chinese-foreign cooperative exploration and development contract within the territory of People's Republic of China (PRC) shall be under the exclusive jurisdiction of the China People's Court.
Three, the implementation of centralized jurisdiction over foreign-related civil and commercial cases, including the following cases:
(1) Cases of foreign-related contract disputes. Refers to commercial contracts with foreign factors in international trade in goods and services, investment, lending, insurance, bills, securities, financial leasing, guarantee, futures, trust, joint venture and cooperation, enterprise management, etc.
(2) Cases of foreign-related infringement disputes. Refers to a case in which a natural person, legal person or other economic organization requests damages for infringement of its property rights in foreign-related commercial activities. Including trade fraud, bill infringement, securities infringement, product liability, infringement of shareholders' rights and interests, infringement of property rights of legal persons or other organizations and other foreign-related factors.
(3) Disputes over letters of credit. Refers to the disputes between the parties to the letter of credit in international trade in the process of opening and fulfilling the letter of credit.
(4) Cases applying for cancellation, recognition and enforcement of international arbitral awards. "International arbitral award" refers to an award made by an arbitration institution in or outside China on foreign-related commercial disputes. To judge whether an arbitral award is an "international arbitral award", the criterion should be whether the dispute handled by the award has foreign-related factors, not whether the arbitration institution is an extraterritorial arbitration institution.
(5) Cases that examine the validity of foreign-related civil and commercial arbitration clauses. There are two main types: one is that the parties to a foreign-related commercial case only object to the validity of the arbitration agreement and apply to the court for confirmation. The other is that the parties have objections to the validity of the arbitration clause in the jurisdiction objection, and the court needs to confirm the validity of the arbitration clause.
(6) Cases of civil and commercial judgments applied for recognition and enforcement by foreign courts. Including:
(1) Apply for recognition of civil and commercial awards made by foreign or Hong Kong and Macao courts;
(two) to apply for recognition and enforcement of civil and commercial awards made by foreign or Hong Kong and Macao courts.
Legal basis: Civil Procedure Law
Article 5 Foreigners, stateless persons, foreign enterprises and organizations shall enjoy the same litigation rights and obligations as citizens, legal persons and other organizations in People's Republic of China (PRC) when they bring a lawsuit or respond to a lawsuit in a people's court.
If a foreign court restricts the civil litigation rights of citizens, legal persons and other organizations in People's Republic of China (PRC), the people's court of People's Republic of China (PRC) shall implement the principle of reciprocity for the civil litigation rights of citizens, enterprises and organizations in that country.
The state has formulated special laws and regulations to protect the rights of entrepreneurs all over the world who invest and set up factories in China. This also attracted them to China for a series of enterprise development, which promoted the development of China's economy. In China's laws and regulations, the jurisdiction of civil litigation of Sino-foreign joint ventures is aimed at the related enterprise development activities of some Sino-foreign joint ventures in China, which are under the exclusive jurisdiction of China's civil law.