As business transactions, government activities, travel and communications, and social relations have become global in scope, litigation and arbitration become two popular dispute settlement mechanisms for resolving disputes between parties arising out of international commercial transactions.

 

Litigation in the local courts has come to encompass international civil disputes. International litigation is far more complex than domestic civil litigation. Even establishing jurisdiction and affecting service of process over a foreign defendant can be extremely complicated.

 

This course will provide an introduction to the civil procedure issues that arise in Chinese courts when international matters are involved. It will examine how international parties, events, and laws affect the manner in which Chinese courts handle civil procedure issues such as choice of forum and choice of law. This course will cover the topics as those offered in Civil Procedure Law: personal jurisdiction, territory jurisdiction, forum non conveniens, choice of law and international judicial assistance and etc. In order to make the course more practicable, it will also analyze some international cases that may not normally be included in a national civil litigation course. Other topics unique to international litigation, such as the Sovereign Immunities, and the development of EU law and international treaties, will also be covered.

 

Another basic goal of this course is to give students a thorough understanding of the international commercial arbitration process and the role of national courts in supporting that process. The rules of international commercial arbitration institutions, such as the International Chamber of Commerce, and international conventions on commercial arbitration will be studied, including the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The UNCITRAL Model Law on International Commercial Arbitration -- enacted by more than 60 countries -- will also be examined.