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What are the types of cases that cannot be governed by foreign courts as per agreements? - FAQ 4 on Jurisdiction in Beijing area in Commercial Cases Involving Foreign Affairs and Hong Kong, Macao, and Taiwan

By Beijing Fourth Intermediate Court

· Laws and Regulations,Lawyer,Transnational Commerce

Answer: According to the provisions of theCivil Procedure Law, cases under the exclusive jurisdiction of Chinese courts cannot be governed by foreign courts by agreements. 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, and Sino foreign cooperative exploration and development natural resource contracts in China. The
above-mentioned types of cases cannot be governed by foreign courts through agreement, But arbitration can be chosen by agreement.

北京市第四中级人民法院 --涉外涉港澳台商事案件解答之管辖常见问题4:不能协议外国法院管辖的案件类型有哪些?

解答:依照民事诉讼法的规定,我国法院专属管辖的案件不能协议外国法院管辖,案件类型包括不动产纠纷、因港口作业中发生纠纷、继承遗产纠纷、因在我国履行中外合资经营企业合同、中外合作经营企业合同、中外合作勘探开发自然资源合同纠纷,上述案件类型不能协议选择外国法院管辖,但是可以协议选择仲裁。

 

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