Private International Law in Chinese Courts

Abstract

After the entry of China intoWorld Trade Organization, there are problems such as jurisdiction, application of law, and judicial assistance, which need to be resolved step by step in judicial practice on foreign-related civil and commercial matters. As for private and international law problems in the Chinese courts, this paper analyses some general issues, including renovi, inter-temporal conflicts, and proof of foreign laws; reviews jurisdiction problems, for example, common jurisdiction versus special jurisdiction, selective jurisdiction versus presumptive jurisdiction and exclusive jurisdiction; discusses the choice of law problems such as the principle of party autonomy, the principle of the most significant relationship and d暅e擆ge method; and studies recognition and enforcement of foreign judgment and international commercial arbitral award.

Keywords

general issues, jurisdiction, choice of law, recognition and enforcement of foreign judgment and arbitral award