Chronology of Practice: Chinese Practice in Private International Law in 2014

Abstract

This survey covers materials reflecting the practice of private international law in China in 2014. First, this survey contains the reports of the Supreme People’s Court (SPC) released in 2014, notably the Report on the Work of the SPC in 2014 as well as the White Book on China’s Maritime Adjudication (1984–2014). Second, the survey covers laws and judicial interpretations that were revised or took effect in 2014. The important legal instruments that were affected in 2014 include: The Provisions of the SPC concerning the Trials of Civil Cases Involving Notarial Activities; and the Reply of the SPC concerning the Commencement Date of the Statute of Limitations for Insurers under Marine Insurance Contracts to Exercise Subrogation Rights. Third, this survey particularly focuses on typical cases decided by various Chinese courts during 2014 in the following areas: jurisdiction (exclusive choice of court agreements; non-exclusive choice of court agreements; implied jurisdiction); choice of law (electronic contracts, statute of limitations, application of international conventions); fundamental breach of contract; execution of a foreign-related judgment and enforcement of a foreign judgment; arbitration and foreign awards.

Keywords: private international law, conflict of laws, choice of law, Chinese private international law