The Principle Of Practical Connection In The Foreign Agreement Jurisdiction

The system of agreement jurisdiction,which reflects party autonomy in foreign-related civil and commercial disputes,is conducive to solving the problem of jurisdictional conflict,preserve the autonomy of private rights,and has been supported and applied by most countries.Foreign agreement jurisdiction respects the wishes of the parties concerned,improves the predictability and enforceability of foreign-related civil judgments,reducing the jurisdictional conflicts between countries.To some extent,it improves the efficiency of litigation,and be conducive to the settlement of disputes and the recognition and enforcement of judgments.Because agreement jurisdiction has the effect of excluding the jurisdiction of the court not be chosen,the legislation of various countries generally stipulates restrictive conditions for the agreement jurisdiction.The principle of practical connection is one of them.In the international civil litigation,different countries have adopted different attitudes towards the principle of practical connection.China’s law clearly stipulates the principle of practical connection,which requires the selected court to have practical connection with foreign-related civil and commercial disputes,otherwise it cannot become the selected court.Common law countries generally do not adopt the principle of practical connection,by applying the forum non convenience doctrine or constituting the discontinuance of proceedings to refuse jurisdiction.Some civil law countries restrict the parties’ arbitrary right of choice by requiring the parties to choose the jurisdiction court by agreement to have a practical connection with the contract dispute.However,the principle of practical connection also has a tendency to fade gradually.The Hague Convention on Choice of Law Agreements does not specify the principle of practical connection,but allows States parties to make declarations limiting jurisdiction.On the whole,the international community has gradually diluted the principle of practical connection.Regarding the principle of practical connection,there is a dispute about its preservation and abolition in China.The supporters believe that adhering to the principle of practical connection is beneficial to balance the rights and obligations between the parties,safeguard the judicial sovereignty of the domestic country and prevent the jurisdiction from being improperly excluded.Opponents believe that the principle of practical connection damages the autonomy of the parties,deprives the parties of the possibility of choosing a neutral court,and does not conform to the development trend of the system of agreement jurisdiction.The author thinks that it is still necessary to adhere to the principle of practical connection at this stage.However,we should constantly improve the principle,distinguish between domestic jurisdiction by agreement and foreign-related jurisdiction by agreement,standardize the scope of objective criteria,incorporate legal selection criteria,and realize the unity of principle and flexibility of foreign agreement jurisdiction.