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On November 15, the Supreme Court promulgated the Provisions of the Supreme Court on Several Issues Concerning the Jurisdiction of Foreign-related Civil and Commercial Cases, which will take effect on January 1, 2023.
In order to protect the legitimate rights and interests of Chinese and foreign parties according to law, facilitate litigation by parties and further improve the quality and efficiency of foreign-related civil and commercial trials, these Provisions are formulated in accordance with the provisions of the Civil Procedure Law of the People's Republic of China and in combination with trial practice.
Article 1. The grass-roots courts shall have jurisdiction over foreign-related civil and commercial cases of first instance, except as otherwise provided by laws and judicial interpretations.
Article 2. The Intermediate Court shall have jurisdiction over the following foreign-related civil and commercial cases of first instance:
(1) Foreign-related civil and commercial cases with a large amount of disputes.
(2) Foreign-related civil and commercial cases with complicated grounds or involving a large number of parties.
(3) Other foreign-related civil and commercial cases that have great influence in their respective jurisdictions. Where laws and judicial interpretations have other provisions on the jurisdiction of the Intermediate Court over foreign-related civil and commercial cases of first instance, the relevant provisions shall prevail.
Article 3. The Higher Court shall have jurisdiction over foreign-related civil and commercial cases of first instance with the subject matter of litigation of more than RMB 5 billion (including this amount) or other cases with significant influence in its jurisdiction.
Article 4. Where the Higher Court deems it necessary according to the actual situation in its jurisdiction, it may designate one or several grass-roots courts and intermediate people's courts to exercise cross-regional centralized jurisdiction over foreign-related civil and commercial cases of first instance as stipulated in Articles 1 and 2 of these Provisions. If cross-regional centralized jurisdiction is implemented according to the provisions of the preceding paragraph, the Higher Court shall promptly announce to the public the corresponding jurisdiction areas of the grass-roots court and the intermediate court.
Article 5. Foreign-related civil and commercial cases shall be tried by special trial courts or collegial panels.