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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front. Law China    2018, Vol. 13 Issue (2) : 241-259    https://doi.org/10.3868/s050-007-018-0016-8
Orginal Article
CHOICE OF COURT AGREEMENT WITH FOREIGN ELEMENTS IN CHINA: SHANDONG JUFENG V. SOUTH KOREA MGAME
DU Huanfang()
Professor, School of Law, Renmin University of China, Beijing 100872, China
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Abstract

Unlike statutory and discretionary jurisdiction, jurisdiction by choice of court agreement concluded in foreign-related civil and commercial matters should be decided by the parties. As a special contract, the choice of court agreement is so independent that its validity is governed by the law chosen by the parties or by the law of the country where the chosen court is situated in case that the choice of law is invalid. Amendments to the Civil Procedure Law (hereinafter referred to as “CPL”) of People’s Republic of China (2012) should not only include the jurisdiction by choice of court agreement with foreign-related elements, but also stipulate it in a more standardized way, rather than simply refer to provision of jurisdiction by choice of court agreement in domestic cases. At the same time, the CPL should make the scope of application of choice of court agreement more clear, and provide choice of law clause and its confirmative elements when deciding its effectiveness.

Keywords choice of court agreement      choice of law clause      the Civil Procedure Law      judicial practice     
Issue Date: 20 July 2018
 Cite this article:   
DU Huanfang. CHOICE OF COURT AGREEMENT WITH FOREIGN ELEMENTS IN CHINA: SHANDONG JUFENG V. SOUTH KOREA MGAME[J]. Front. Law China, 2018, 13(2): 241-259.
 URL:  
https://academic.hep.com.cn/flc/EN/10.3868/s050-007-018-0016-8
https://academic.hep.com.cn/flc/EN/Y2018/V13/I2/241
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