Overlapping Jurisdiction and the Chinese Courts

Butterworths Journal of International Banking and Financial Law, Vol. 31, No. 3, pp. 1-3, 2016

YEARBOOK OF PRIVATE INTERNATIONAL LAW: VOLUME XVII - 2015/2016, A. Bonomi, G.P. Romano, Verlag Dr. Otto Schmidt KG, Germany, 2017

Sydney Law School Research Paper No. 16/25

7 Pages Posted: 29 Mar 2016 Last revised: 6 Dec 2016

See all articles by Vivienne Bath

Vivienne Bath

The University of Sydney Law School

Date Written: February 28, 2016

Abstract

Recent cases in China, England and a range of other jurisdictions demonstrate the potential for Chinese and foreign courts to take jurisdiction over the same or overlapping disputes. While jurisdictional issues are certainly not new in the international arena or, indeed, in relation to China, these issues are assuming increased importance as international commercial – and hence legal – contacts between Chinese and foreign companies expand. The implications are potentially significant. This article focuses on the acceptance by Chinese courts of jurisdiction over cases where it is claimed that the parties have signed a jurisdiction clause nominating a foreign court and the related legal issues arising from the overlap of Chinese and foreign rules.

Keywords: parallel proceedings, jurisdiction, overlapping jurisdiction, China, England, Hong Kong, enforcement, anti-suit injunctions

JEL Classification: K00, K41, K42

Suggested Citation

Bath, Vivienne, Overlapping Jurisdiction and the Chinese Courts (February 28, 2016). Butterworths Journal of International Banking and Financial Law, Vol. 31, No. 3, pp. 1-3, 2016, YEARBOOK OF PRIVATE INTERNATIONAL LAW: VOLUME XVII - 2015/2016, A. Bonomi, G.P. Romano, Verlag Dr. Otto Schmidt KG, Germany, 2017, Sydney Law School Research Paper No. 16/25, Available at SSRN: https://ssrn.com/abstract=2753860

Vivienne Bath (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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