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If both parties to the international air cargo transport contract are domestic parties, whether the disputes arising from the performance of the contract are foreign-related commercial disputes and are subject to centralized jurisdiction?

By Ningbo Intermediate Court

· Procedure,Laws and Regulations,Transnational Commerce

From: Judiciary answers to 14 Difficult Questionsabout Foreign-related Commercial Trials By Ningbo Intermediate People's Court, Zhejiang Province, PRC

A: According to the provisions of Item (4)of Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Law of the People's Republic of China on the Application of Foreign-related Civil Relations (I), if the legal facts that create, change or eliminate a civil relationship occur outside the territory of the People's Republic of China, the civil relationship can be recognized as a foreign-related civil relationship. A contract for international air cargo transport refers to a contract where the place of departure, destination or one of the agreed stopping places of the transport is not within the territory of the People's Republic of China, and the legal facts of the establishment, change and termination of civil relations occur outside the territory of China. In principle, disputes arising from the contract should be recognized as foreign-related commercial disputes and should be subject to the centralized jurisdiction of foreign-related commercial cases.

 

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