There Should Be Applicable Provisions In Concluding Foreign Commercial Contracts.

At present, there are more and more commercial pactions involving foreign countries and Hong Kong, Macao and Taiwan, and the subsequent commercial disputes involving P are also increasing.

As the case involves parties in different countries and regions, and if the contract is performed abroad, if the parties do not specify the jurisdiction clause to resolve the dispute and the law applicable to which country to choose as the applicable law for the dispute, then once the contract parties disagree on the above issues, the domestic parties in China will fall into a lengthy litigation procedure and directly affect the realization of the creditor's rights of the domestic parties.

Therefore, judge Chen Yonghua of the four court of the Yuexiu court said that when concluding a foreign commercial contract, please specify the jurisdiction clause and the applicable provisions of the applicable law.

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< p > first, the main ways to settle disputes are < a href= "//www.sjfzxm.com/news/index_c.asp" > litigation < /a > and < a href= > //www.sjfzxm.com/news/index_c.asp > arbitration > /a >.

In accordance with the provisions of the 265th and 271st articles of the civil procedure law, a defendant who has no domicile in the territory of People's Republic of China shall be brought into action in connection with a contract dispute or other disputes over property rights. If the contract is signed or fulfilled in the field of People's Republic of China, or the object of the litigation is in the territory of People's Republic of China, or the defendant has property to be seized in the territory of People's Republic of China, or the defendant has a representative office in the field of People's Republic of China, it may be under the jurisdiction of the people's Court of the place where the contract is signed, where the contract is performed, where the subject matter is, where the attachment may be, where the seizure is located, where the infringement is committed or where the representative office is located.

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< p > Second, exclusive jurisdiction to settle disputes.

According to the 266th article "a href=" //www.sjfzxm.com/news/index_c.asp "> the civil procedure law < /a >, the lawsuit brought about by the contract of the Sino foreign joint venture enterprise, the contract of Chinese foreign cooperative business enterprise and the contract of natural resources for exploration of Chinese and foreign cooperative exploration is under the jurisdiction of the people's Court of People's Republic of China.

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< p > Third, the selection of dispute resolution law.

According to the 126th provision of the contract law, the parties to a foreign-related contract may choose to apply the law to deal with the disputes arising from the contract. If the parties to the foreign contract do not choose, they shall apply the laws of the countries that are most closely related to the contract; and the People's Republic of China law shall apply to the Sino foreign joint venture contract, Sino foreign contractual joint venture contract and Sino foreign cooperative exploration natural resources contract in People's Republic of China.

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In addition to exclusive jurisdiction and application of the three types of contractual disputes settled by Chinese law, judge Chen suggested that when domestic parties conclude foreign commercial contracts, they should choose Chinese courts, arbitral institutions, and choose Chinese law as the appropriate law for P disputes, so as to protect the legitimate rights and interests of domestic parties to the maximum extent.

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