Chronology of Practice: Chinese Practice in Private International Law in 2021

Professor HE Qisheng has published the annual report, Chronology of Practice: Chinese Practice in Private International Law in 2021, now in its 9th year. The article has been published by the Chinese Journal of International Law, a journal published by Oxford University Press..

This survey contains materials reflecting the Chinese practice of Chinese private international law in 2021. Firstly, regarding changes in the statutory framework of private international law in China, six legislative acts, one administrative regulation on Counteracting Unjustified Extra-Territorial Application of Foreign Legislation and Other Measures, and six judicial interpretations of the Supreme People’s Court (“SPC”) were adopted or amended in 2021, covering a wide range of matters, including punitive damages, online litigation, online mediation, and international civil procedure. Secondly, five typical cases on Chinese courts’ jurisdiction are selected to highlight the development of Chinese judicial practice in respect of consumer contracts, abuse of dominant market position, repeated actions and other matters. Thirdly, this survey considers 18 cases on choice-of-law issues relating, in particular, to capacities of legal persons, proprietary rights, employee contracts, mandatory rules, gambling and public policy. Fourthly, two significant decisions on punitive damages of intellectual property are reported. Fifthly, several key decisions in the recognition and enforcement of foreign judgments, international arbitration agreements and foreign settlement agreements, are reproduced. Lastly, this survey also covers the Summaries of the National Symposium on Foreign-related Commercial and Maritime Trials of Courts published by the SPC, an official document which represents the current judicial practices in the Chinese courts, and which is expected to provide guidance in the adjudication of foreign-related matters in the future.

Table of Contents

Introduction
Overview

II.A. Report on the Work of the SPC in 2021

II.B. Laws and the SPC’s interpretations

III. Jurisdiction

III.A. Rules in the SPC Summaries on Foreign-related Trials

III.B. Consumer contract

III.C. Different courts agreed upon in the principal and accessory contract

III.D. Jurisdiction over abuse of dominant market position

III.E. Repeated actions

Choice of law

IV.A. Rules in the SPC Summaries on Foreign-related Trials

IV.B. Capacity of legal person

IV.C. Rights in rem

IV.D. Obligations

IV.E. Mandatory rules

IV.E.i. Foreign exchange guarantee

IV.E.ii. Share transfer

IV.F. Gambling and public order

Intellectual property

V.A. New rules on punitive damages

V.B. Selected cases on punitive damages in Chinese courts

Foreign judgments

VI.A. Rules in the SPC Summaries on Foreign-related Trials

VI.B. Cases about recognition and enforcement of foreign judgments

VII. International arbitration and foreign awards

VII.A. Rules in the SPC Summaries on Foreign-related Trials

VII.B. Arbitration clause and a lien dispute over the subject matter

VIII. Confirmation of the validity of foreign settlement agreement

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