Convention On Choice Of Court Agreements China

In January 2018, a Chinese district court accepted a case for the recognition and enforcement of a Kenyan judgment, but the plaintiff later withdrew his application. In China, courts generally consider the jurisdiction agreement not to be exclusive, unless the parties have expressly provided otherwise. It is therefore clear that the Chinese courts consider in principle that the jurisdiction agreement is not exclusive and, in exceptional cases, exclusive. In 2020, the Second Shanghai People`s Court executed the judgments of the October District Court of Minsk City, Republic of Belarus. It is also the first time that a Shanghai court has accepted a case assigned by a foreign court under the bilateral treaty. Although it may take some time before the Hague Convention becomes applicable in China, it provides for a new era for international judicial cooperation. Next, the thesis will provide a series of recommendations based on Chinese legal reality and culture by analyzing international commercial courts in other countries.