Dissertation > Excellent graduate degree dissertation topics show

Research and Improvement of Forum Selection Mechanism in China

Author: LuoXiaoJie
Tutor: XiaoKai
School: Shanghai Jiaotong University
Course: International Law
Keywords: Hague Convention on Choice of Court Agreement jurisdiction agreement specific connection requirement public policy reservation forum non conveniens
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 175
Quote: 1
Read: Download Dissertation

Abstract


The adoption of the 2005 Hague Convention on Choice of Court Agreements provides us with a great opportunity to study and improve the forum selection mechanism in international civil and commercial cases, which has remained unchanged for 17 years in China. First, we shall follow the Convention’s example in respect of the application scope of the choice of court agreement, combining general rules and exceptional rules together. Generally, choice of court agreements can be applied in contractual disputes and property rights disputes involving foreign elements. Besides, the Civil Procedure Law shall exclude application of choice of court agreement to consumer contract, employment contract, property disputes involving statues, capacity and family law issues, and claims for personal injury.In respect of the formal validity, a jurisdiction agreement shall be validly concluded in writing or by other means of communications such as data message. Requirement on the specific connection with the chosen court shall not be removed but we can gradually relax the restrictions upon the parties’autonomy through judicial interpretation. As well, the choice of court agreement shall not violate regulations regarding internal allocation of jurisdiction among courts in China.A choice of court agreement shall be deemed to be exclusive unless the parties have expressly provided otherwise. A non-exclusive choice of court agreement designating courts of other States as the chosen court can not exclude the jurisdiction of competent courts of China, and in cases that one party brought the suits to a court of China, it could hear the case.Public policy reservation principle has been applied in many fields such as conflicts of laws, recognition and enforcement of judgments and international judicial assistance in China. It is also a very important principle in forum selection mechanism. The Civil Procedure Law shall explicitly stipulate that choice of court agreement shall not violate public policy of China. If a choice of court agreement choosing foreign courts violates the public policy of China, the agreement shall be invalid and courts of China could hear the case when one party brings the suit before it.The Supreme People’s Court of China stipulated in one judicial interpretation that a court is not allowed to refuse hearing a case on the grounds of forum non conveniens if a valid jurisdiction agreement exits designating court of China as the chosen court. Such a rule shall also be added to the Civil Procedure Law of China.

Related Dissertations

  1. Research on Contractual Jurisdiction Systems under the Brussels System,D997
  2. Contractual Jurisdiction in Private International Law,D997
  3. South Africa 's seizure of legal system of the associated ship and response,D925.1
  4. U.S. non conveniens doctrine,D997.3
  5. Research on the Foundation of Declining Jurisdiction in Foreign-Related Civil Cases from the View of the Doctrine of Forum Non Conveniens,D926.2
  6. The theory and practice of the jurisdiction of the International Maritime Litigation,D925.1
  7. Economic Analysis of the Judicial Jurisdiction Contract on the International Civil and Commercial Disputes,D997
  8. Research on Agreed Jurisdiction in International Civil and Commercial Proceedings,D997.3
  9. Research on the Examining System of the Territorial Jurisdiction of Contract,D925.1
  10. A Study on Conflict of Jurisdiction on Civil and Commercial Matters between Mainland and Hongkong,D925.1
  11. Internet on the international impact of Civil Jurisdiction and Countermeasures,D997
  12. A Study on the Civil Procedural Contract,D925.1
  13. Research on the Resolving System of Parallel Proceedings,D996
  14. Exploration and Analysis on the Doctrine of Forum Non Conveniens in International Civil and Commercial Litigation,D997.3
  15. On Private International Law of the principle of forum non conveniens,D997
  16. On the principle of forum non conveniens,D997
  17. The international Civil Procedure Agreed Jurisdiction,D997.3
  18. Network infringement cases of international jurisdiction issues,D997
  19. Maritime Litigation Jurisdiction and Foreign Issues thinking arrest system,D925.1
  20. Environmental Public Interest Litigation Plaintiff Qualification,D925.1
  21. Environmental Justice empirical research,D925

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
© 2012 www.DissertationTopic.Net  Mobile