As of August 1st, Hong Kong and The Mainland were able to recognize and enforce commercial contracts, in accordance with the “Jurisdiction Agreement”  stated in “Arrangement between the Mainland of China and the Hong Kong Special Administrative Region Courts for Mutual Recognition and Implementation of Judgment on Civil-Commercial Cases under Agreement Jurisdiction." 


By Xu Xiaodan, King & Wood’s International Litigation & Arbitration Group


Three conditions are required by the Arrangement, as stated in Articles 1 and 3,  in regards to the Jurisdiction Agreement among the parties:


  1. Formality Requirement: the Jurisdiction Agreement must be in writing.
  2. Time Requirement: the Jurisdiction Agreement  refers to that reached after the effective date of the Arrangement. That is to say, if a jurisdiction agreement is reached before the effective date of the Arrangement, then, even if the designated court has made a judgment, such judgment can not be recognized and enforced as per provided in the Arrangement.
  3. Content Requirement: the Jurisdiction Agreement must designate sole jurisdiction of the court either in Mainland or in Hong Kong. In other words, if it is agreed by the parties that the jurisdiction of the court is non-exclusive, then the judgment,  although there is a Jurisdiction Agreement,  cannot be recognized and enforced based on the Arrangement.

After August 1st, 2008, parties that anticipate utilizing the provisions of the Arrangement to obtain recognition and to enforce judgments in both Mainland China and HKSAR may introduce a specific “Exclusive Jurisdiction” clause in their contracts, which provides that all the disputes arising from the contract should be submitted to the sole jurisdiction of Mainland or Hong Kong courts. Parties that prefer not to utilize the Arrangement and ensure that a judgment will not be enforced in Mainland China or HKSAR may introduce a “Non-exclusive Jurisdiction” clause, providing “non-exclusive jurisdiction” to the Mainland China or HK courts.








作者:徐晓丹,金杜律师事务所 诉讼仲裁组 国际诉讼部