Research On The Jurisdiction System Of International Civil And Commercial Agreements

As the progress of economic globalization develops, courts of deferent countrieshear more and more civil and commercial cases concerning foreign affairs. Thecontentious jurisdiction of international civil and commercial cases, as theprecondition to hear cases, definitely draws great attention from countries of theworld. Competition for jurisdiction of cases among countries has been fierce over along period. Under such circumstances, contractual jurisdiction system becomes oneof the important ways to reconcile the conflict of contractual jurisdiction and clarifythe contentious jurisdiction. Contractual jurisdiction principles in the InternationalPrivate Law now have been accepted by most countries in the world. In order to betterutilize contractual jurisdiction system in international civil and commercial litigation,many countries developed relevant systems in their internal laws and tried to concludeinternational conventions and treaties. The contractual jurisdiction principles in theBrussels Rules and the2005Hague Convention on Choice of Court Agreements aswell as rules of countries in the world, such as U.S. and Germany, reflect its value.And it is of great significance for China to learn from it and improve the contractualjurisdiction systems concerning civil and commercial litigation. China admitscontractual jurisdiction in the International Private Law, and establishes contractualjurisdiction system concerning foreign affairs in written laws. But there are a lot ofinadequacies when it comes to practice. Some of the rules don’t meet the trend ofcontractual jurisdiction in International Private Law and some of the rules setobstacles to the progress of international civil and commercial interactions. Undersuch circumstances, problems occur in the juridical practice in China.This essay discusses the contractual jurisdiction system and tries to come up withcreative thinking and reform. Starting with basic theories of contractual jurisdiction,legislation of other countries, the European Brussels Rules and2005HagueConvention on Choice of Court Agreements, this essay reflects the current situation ofthe contractual jurisdiction system in China, analyses its inadequacies anddisadvantages in practice, summarizing existing problems in the legislative and juridical practice of contractual jurisdiction system concerning foreign affairs,clarifies some basic principles that should be insisted in contractual jurisdiction andthen comes up with concrete suggestions to specific problems.