News and developments
How China’s Newly Amended Civil Procedure Law May Influence International Shipping and Maritime Cases?
as announced by the top legislature of China on 1 September 2023, 29 articles have been amended, 19 of which relate to special provisions on foreign-related civil procedures, including jurisdiction, service abroad, collecting evidence abroad, and recognition and enforcement of foreign judgments, rulings and arbitral awards.
As often embroiled in complex disputes all over the world, international shipping companies may concern the influence of these new amendments, especially when their business involves China, more or less. WJNCO appreciate these concerns and humbly provide our insights into some new amendments to the CPL in regard to maritime and shipping matters.
Author: Li Rongcun
- More choices of courts for international maritime cases
- An extended scope of “connections” to establish Chinese court jurisdiction on foreign defendants
- i) the underlying contract is signed and performed in the PRC; or
- ii) the subject matter of the lawsuit is located in the PRC; or
- v) the tort act occurred or any representative office of the defendant is located in the PRC. Now, in addition to the above, the new CPL (Art. 276, para. 2) adds a cover-all provision to allow such a lawsuit to be brought before Chinese courts where the dispute has other proper connections with the PRC.
- A new provision to admit agreement on Chinese jurisdiction
- New rules for parallel litigations and conflict of jurisdictions
- Shortened defense period due to more efficient service abroad
Author: Li Rongcun