Chronology of Practice: Chinese Practice in Private International Law in 2015

Abstract

This survey is composed of materials reflecting the practice of private international law in China in 2015. First, this survey covers the reports of the Supreme People’s Court (SPC) released in 2016, notably the Report on the Work of the SPC in 2015, which contains the statistics of the foreign-related civil or commercial cases accepted and concluded by Chinese courts. Second, the survey covers laws and judicial interpretations that were revised or took effect in 2015. The important legal instruments include: the Interpretations of the SPC on the Application of the Civil Procedure Law of the PRC, the Provisions of the SPC on Several Issues concerning the Application of Law to the Arrest and Auction of Ships, and the Reply of the SPC to the Request for Instruction by the Shanghai High People’s Court and Others on Issues Concerning Cases of Judicial Review of Arbitral Awards Rendered by the CIETAC and its Former Sub-Commissions. Third, this survey particularly focuses on typical cases decided by various Chinese courts during 2015 in the following areas: classification and definition of foreign elements, jurisdiction (exclusive choice of court agreements), choice of law (international air transport contracts, transfer of share agreements, foreign-related employment contracts), recognition and enforcement of foreign judgments, jurisdiction of the CIETAC and its former sub-commissions, validity of arbitration agreement, recognition and enforcement of foreign arbitral awards, and ad hoc arbitration.