Forum non conveniens in China: from judicial practice to law
Forum non conveniens in China: from judicial practice to law
Chinese courts have applied the doctrine of forum non conveniens since the 1990s. The Chinese Supreme Court has confirmed the judicial practice in its judicial interpretations. However, the doctrine that has actually been engaged in the Chinese courts is based on the inconvenience approach to avoid inconvenience to Chinese courts. Recently, the newly amended Chinese Civil Procedure Law formally enacted this doctrine in a different way. The new doctrine of forum non conveniens considers the factor of inconvenience to the parties, removes the condition of involvement of Chinese parties’ interests, and provides procedural remedies after dismissing actions. This new doctrine of forum non conveniens in Chinese law comes close to the doctrine of forum non conveniens in common law, which is based on an approach for the interests of all parties. This article reviews the development of the Chinese doctrine of forum non conveniens and assesses the conditions under the doctrine in Chinese law. It is suggested that the new Chinese doctrine of forum non conveniens can be improved further by removing the inconvenience to the Chinese courts and clarifying the consideration of the interests of all parties.
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
27 February 2024
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
Zhao, Liang
(2024)
Forum non conveniens in China: from judicial practice to law.
Chinese Journal of Comparative Law, 11 (3), [cxae002].
(doi:10.1093/cjcl/cxae002).
Abstract
Chinese courts have applied the doctrine of forum non conveniens since the 1990s. The Chinese Supreme Court has confirmed the judicial practice in its judicial interpretations. However, the doctrine that has actually been engaged in the Chinese courts is based on the inconvenience approach to avoid inconvenience to Chinese courts. Recently, the newly amended Chinese Civil Procedure Law formally enacted this doctrine in a different way. The new doctrine of forum non conveniens considers the factor of inconvenience to the parties, removes the condition of involvement of Chinese parties’ interests, and provides procedural remedies after dismissing actions. This new doctrine of forum non conveniens in Chinese law comes close to the doctrine of forum non conveniens in common law, which is based on an approach for the interests of all parties. This article reviews the development of the Chinese doctrine of forum non conveniens and assesses the conditions under the doctrine in Chinese law. It is suggested that the new Chinese doctrine of forum non conveniens can be improved further by removing the inconvenience to the Chinese courts and clarifying the consideration of the interests of all parties.
Text
cxae002
- Version of Record
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e-pub ahead of print date: 27 February 2024
Published date: 27 February 2024
Additional Information:
An earlier version of this article was presented at the fourth Cambridge Conference on One Belt One Road on 11 September 2021 and Guangdong–Hong Kong–Macao Greater Bay Area Legal Forum—Conflict of Laws, Legal Cooperation, and Connection of Rules on 21 January 2022. I would like to express my thanks to my colleague Stephanie Law who kindly read and gave insightful comments on earlier written version of this article. All errors remain my own.
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Local EPrints ID: 489203
URI: http://eprints.soton.ac.uk/id/eprint/489203
ISSN: 2050-4802
PURE UUID: 88527997-4535-4c95-b81b-490f2ad1ef8a
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Date deposited: 17 Apr 2024 16:47
Last modified: 21 May 2024 01:58
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