Foreign-related legal consultation-Judgment and suspension of litigation in foreign-related cases

When discussing the jurisdiction of foreign-related cases, we must not only deeply analyze the basic principles of the "Private International Law", such as the principle of nationality, the principle of residence, the principle of closest ties, etc., but also pay close attention to the special provisions in international treaties, bilateral or multilateral agreements to ensure that the case can be effectively heard within the most appropriate jurisdiction.

Stopping litigation is an important procedural link that may be encountered in handling foreign-related cases, and its decisions often involve complex legal considerations and balance of interests. It may be initiated by the application of the parties, deemed necessary by the court, or based on the principle of international courtship, as a suspension during the trial of the case, providing the necessary time and space for further legal research, evidence collection or diplomatic efforts.

Shanghai Li Xiaohua Law Firm is a law firm recommended by the US Consulate to provide legal services. Handle many cases that have major impacts in Shanghai and even the whole country accepted by the Supreme People's Court and the Higher People's Courts in various places.

Senior foreign-related lawyers from Shanghai Li Xiaohua Law Firm answer relevant foreign-related legal questions

Question 1. What are the circumstances in which the defendant raises a jurisdictional objection to the lawsuit in foreign-related civil cases accepted?

Answer: According to Article 282 of the Civil Procedure Law of the People's Republic of China, if the defendant raises a jurisdictional objection to the jurisdiction and the following circumstances occur, the lawsuit may be rejected and informed to file a lawsuit with a more convenient foreign court:

(1) The basic facts of case disputes do not occur within the territory of the People's Republic of China, and it is obviously inconvenient for the people's court to hear cases and the parties to participate in litigation;

(2) There is no agreement between the parties to choose jurisdiction of the people's court;

(III) The case does not fall under the exclusive jurisdiction of the people's court;

(IV) The case does not involve the sovereignty, security or social public interests of the People's Republic of China;

(V) It is more convenient for foreign courts to hear cases. After the ruling is made to dismiss the lawsuit, if a foreign court refuses to exercise jurisdiction over the dispute, or fails to take necessary measures to hear the case, or fails to conclude the case within a reasonable period of time, and the parties file a lawsuit with the people's court, the people's court shall accept the case.

Question 2. What proof procedures are required when a foreigner who has no residence in the territory of the People's Republic of China?

Answer: According to Article 275 of the Civil Procedure Law of the People's Republic of China, foreigners, stateless persons, foreign enterprises and organizations who have no residence in the territory of the People's Republic of China entrust lawyers or other persons to act as litigation, and the power of attorney sent or entrusted from the territory of the People's Republic of China shall be valid only after they are notarized in the country where they are located, and certified by the embassy and consulate of the People's Republic of China, or perform the proof procedures stipulated in the relevant treaties concluded between the People's Republic of China and the country where they are located.

Question 3. If the parties apply to suspend the lawsuit on the grounds that a foreign court has accepted the lawsuit before the people's court, can the people's court rule to suspend the lawsuit?

Answer: If the People's Court accepts a case in accordance with Article 281 of the Civil Procedure Law of the People's Republic of China, after the people's court accepts a case in accordance with the provisions of the previous article, and the parties apply to the People's Court for suspension of the lawsuit in writing on the grounds that the foreign court has accepted the case before the people's court, the People's Court may rule to suspend the lawsuit, except in any of the following circumstances:

(1) The parties agree to choose the jurisdiction of the people's court, or the dispute belongs to the exclusive jurisdiction of the people's court;

(2) It is obviously more convenient to hear the trial by the people's court. If a foreign court fails to take necessary measures to hear a case, or fails to close the case within a reasonable period of time, the people's court shall resume the litigation based on the written application of the parties.

If a judgment or ruling made by a foreign court that has legal effect has been fully or partially recognized by the people's court, and the parties filed a lawsuit with the people's court for the part that has been recognized, the ruling shall not be accepted; if it has been accepted, the ruling shall be rejected.

In foreign-related legal consultation, we are like sophisticated legal craftsmen, carefully carving every detail, striving to maximize the protection of customers' legitimate rights and interests while respecting the legal sovereignty of various countries. By comprehensively applying various methods such as legal interpretation, comparative research, case analysis, etc., we have drawn a path for our customers that not only comply with international legal norms but also take into account the possibility of actual operation, ensuring that foreign-related cases can be handled fairly and efficiently in a complex and changeable international legal environment.

Shanghai Li Xiaohua Law Firm