Research On The Jurisdiction System Of EU Civil And Commercial Litigation Agreements

Agreement jurisdiction is an important system to solve the conflict of international civil and commercial litigation jurisdiction,which has been recognized by most countries.However,the legislation varies from country to country,and there are disputes over the determination of the applicable law of jurisdiction agreement,whether to require the selected court to have a practical connection with the dispute,and how to coordinate the agreement jurisdiction with other rules of jurisdiction.At present,the EU has adopted uniform legislation on the above issues,and the European court of justice has adopted uniform rules in relevant cases.The EU has constantly revised and improved relevant rules,which provides certain reference for other countries and international conventions.EU law stipulates that the applicable law of jurisdictional agreement shall be the law of the place of the selected court,including the conflict law;The court chosen by agreement need not have actual connection with the case;On the question of how to coordinate the jurisdiction by agreement and other rules of jurisdiction,the settlement method that the jurisdiction by agreement takes precedence over the principle of admissibility of the court,and the courts of the member states shall not exclude the jurisdiction by invoking the principle of inconvenient court.The study on the EU agreement jurisdiction shows that the EU regulations have both advantages and disadvantages,as well as particularity.The EU adopts the law of the chosen court as the applicable law of the jurisdiction agreement,which improves the certainty of the application of the law,but it is still uncertain due to the reversal of the recognition.The EU does not require the parties to choose a court that has a practical connection with the dispute,which is in line with the international development trend,advanced,and conducive to the protection of the parties' autonomy of will.The EU gives priority to the principle of agreement jurisdiction over the court of firstacceptance,which is conducive to the implementation of agreement jurisdiction.The prohibition of invoking the principle of inconvenient court is reasonable and special.At present,foreign related agreement jurisdiction in China has deficiencies.As there is no applicable law of jurisdiction agreement,the court does not agree with it.As the principle of practical connection is retained but its concepts and criteria are not clearly defined,the court's choice scope is small and the criterion of practical connection is not clear.At the same time,the relevant jurisdiction provisions and the agreement jurisdiction is not coordinated,does not cooperate.The regulations of the EU provide enlightenment for China to improve the jurisdiction of foreign-related agreements.First,the EU law is suspended,and the substantive law of the selected court is adopted as the applicable law of the jurisdiction agreement.Secondly,by referring to the EU aw,the principle of actual contact should be weakened.If the parties choose Chinese courts instead of requiring actual contact,foreign courts can retain and expand the interpretation of the principle of actual contact.Finally,EU law should be abrogated,treaty jurisdiction and relevant jurisdiction regulations should be harmonized,foreign-related parallel litigation rules should be established,and applicable conditions of inconvenient court principle should be relaxed.