By Harry Liu and Qiu yue  King and Wood Mallesons’ Dispute Resolution Group  Shanghai Office

As an alternative dispute resolution mechanism, arbitration has been increasingly widely chosen as the dispute resolution method by parties to the commercial contracts. A signatory to the arbitration clause may bring litigation jointly against the other party to the arbitration clause and non-signatories to such arbitration clause. It remains uncertain in judicial practice whether courts have jurisdiction over such joint tort disputes despite of the arbitration clause. The Supreme People’s Court’s view towards the issue also has shifted back and forth. The retrial ruling lately handed down by the Supreme People’s Court after confirmed by its judicial committee gave a clearer answer to the question, which will definitely have a demonstration effect on the judicial practice in the future.
Continue Reading Retrial Ruling of the Supreme People’s Court Settles the Disputes on the Jurisdiction over Joint Tort Cases: Litigation or Arbitration

作者:刘军 金杜律师事务所 广州分所 国内诉讼部

2008年3月30日,最高法院公布调整各高级法院和中级法院管辖第一审民商事案件标准,主要从案件标的额方面大幅提高了高级法院和中级法院受理一审民商事案件的门槛,新标准自2008年4月1日起施行。

此次调整将大大减少各高级法院受理一审案件以及最高法院受理二审案件的数量,但同时会导致基层法院受理一审案件数量的激增,相应地中级法院二审案件的办案压力也会一定程度的增大。可以说,新标准的实施后,绝大部分民商事案件的一审、二审工作将由基层法院和中级法院承担。

Continue Reading 关于最高法院调整一审民商事案件级别管辖标准的一点看法

Liu Jun, King & Wood’s Guangzhou Office,Domestic Dispute Resolution Practice

On March 30, 2008, a notice was issued by the Supreme People’s Court adjusting the standards for jurisdiction of the high people’s courts and the intermediate people’s courts.The adjustment will reduce dramatically the number of first instance cases tried by the high people’s courts and the Supreme People’s Court, however, it will lead to a huge burden on the basic people’s courts and accordingly the intermediate people’s courts will also see their caseloads increase for cases of second instance. In other words, after the implementation of the new standard, most civil and commercial cases of first and second instance will be charged to the basic and the intermediate people’s courts.The new standard came into force from April 1, 2008…

Continue Reading Standards for Cases of First Instance Adjusted by Supreme Court