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1, case
In August 2013, a province native produce import and export Corporation of China to the United States, a company exporting tea 5000 kg, total price of $500,000.On August 17, the parties in Hong Kong contracted delivery contract in San Francisco, Hong Kong, the delivery period is from September 25, 2013 to October 15, after a dispute has arisen about arbitration rulings. Our October 10 are shipped to the port of San Francisco, October 13 United States call quality is not stipulated in the contract, thus refusal of payment of $400,000. Was occurred disputes, with end of, coincided with beauty party company in China transit of a palm oil parked in a port, we company hired Jia Qingkun lawyer agent case, immediately to local court application v Qian property preservation, seized has the batch goods, and in provides time submitted has up complaint, beauty party proposed following objections: 1. contract of signed to in Hong Kong, perform to in American, this case should by Hong Kong Court or American Court jurisdiction; 2. party both set Ming dispute should submitted arbitration solution, court no judicial jurisdiction right.
2, the outcome of the case
US Court ruling to the objections raised against the defendant, ruling that the casewhere the seized property in our country, the people's Court of China has jurisdiction over the law, in this case by the court case, then responding to the defendant had to reply, by the referee, the defendant has to pay US companies paid $390,000closed.
3, basic theory
Implicated the provisions of the code of civil procedure jurisdiction system in China, according to proceedings in the Court where there are some implications to determine jurisdiction, it is a special territorial jurisdiction. For contract disputes or other property interests disputes, on in people's Republic of China field within has residence of accused filed of litigation, if contract in people's Republic of China field within signed or perform, or litigation standard of real in China field within, or accused in China field within no representative institutions, can by contract signed to, and contract perform to, and litigation standard of real location, and can for seized property location, and infringement behavior to or representative institutions residence to jurisdiction. China Civil method and the about judicial explained provides: for arbitration terms or agreement invalid or content not clear, and cannot implementation and accepted of civil, if accused party on Court of jurisdiction right proposed objections of, by v Court should on jurisdiction right made ruling; party party to court prosecution Shi not statement has arbitration agreement, Court accepted Hou, other party and sued reply of, considered the Court has jurisdiction right.
4, case analysis
Jia Qingkun lawyers conducted an extensive analysis in this case because the defendant in the country for the seized property, so according to the provisions of the code of civil procedure law, people's courts have jurisdiction in this case, the defendant to contract and place of performance is not in our country from denying the jurisdiction of the people's Court of China was not established. Original accused both in contract in the made of arbitration terms only provides: "dispute occurred Hou submitted about arbitration institutions arbitration ruling", disputes occurred Hou, both also not reached clear of arbitration agreement, so this case in the contract in of arbitration terms is content not clear, and cannot implementation of arbitration agreement, according to China Civil method and the about judicial explained of provides, China court right to on accused of jurisdiction right objections made ruled. Therefore, the defendant submitted that parties had an arbitration agreement should be excluded from the jurisdiction of the Court was incorrect.
Parties to an international contract in order to avoid or reduce the incidence of disputes, it should be made clear in the contract the full arbitration agreements, in particular on the place of arbitration, arbitration and other important matters withoutany omissions.
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311
Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311