Overlapping Jurisdiction and the Chinese Courts

Abstract

Recent cases in China, England and a range of other jurisdictions demonstrate the potential for Chinese and foreign courts to take jurisdiction over the same or overlapping disputes. While jurisdictional issues are certainly not new in the international arena or, indeed, in relation to China, these issues are assuming increased importance as international commercial – and hence legal – contacts between Chinese and foreign companies expand. The implications are potentially significant. This article focuses on the acceptance by Chinese courts of jurisdiction over cases where it is claimed that the parties have signed a jurisdiction clause nominating a foreign court and the related legal issues arising from the overlap of Chinese and foreign rules.

Keywords: parallel proceedings, jurisdiction, overlapping jurisdiction, China, England, Hong Kong, enforcement, anti-suit injunctions

JEL Classification: K00, K41, K42