The new practice of judicial rules connection of cross-border commercial disputes in Dawan District

2023-01-11

A few days ago, the Higher People's Court of Guangdong Province issued the Guidance on the Connection of Judicial Rules of the People's Court of the Greater Bay Area of Guangdong, Hong Kong and Macao for the Trial of Commercial Disputes Involving Hong Kong and Macao (hereinafter referred to as the Guidance (I)), which regulates the jurisdiction of the People's Court of the Greater Bay Area of Guangdong, Hong Kong and Macao (hereinafter referred to as the Mainland Court) on cross-border commercial disputes, the subject of litigation, and the service of judicial documents Give guidance on the convergence of procedural rules such as evidence review and application of extraterritorial laws. The Guidance (I) focuses on promoting the convergence of rules, innovating the docking of mechanisms, and promoting the efficient adjudication of cross-border commercial cases. It is an important practice to promote the construction of the rule of law in the Greater Bay Area and try first. In terms of case jurisdiction, the Guidance (I) stipulates that for commercial cases with jurisdiction of the mainland courts of the Greater Bay Region, the courts of the Hong Kong Special Administrative Region or the courts of the Macao Special Administrative Region, the mainland courts may decide not to accept the case if the parties bring a lawsuit to the mainland courts on the same dispute after the courts of Hong Kong and Macao accept it. The parties can apply to the mainland court for recognition and enforcement of the decisions made by the courts of Hong Kong and Macao. If the parties file a lawsuit, the mainland court can accept the part of the dispute that has not been recognized by the mainland court. Previously, according to Article 4 of the Arrangement between the Mainland and the Macao Special Administrative Region on Mutual Recognition and Enforcement of Civil and Commercial Judgments, the applicant could apply for recognition and enforcement of the judgment to the intermediate people's court of the respondent's domicile, habitual residence or property location. The provisions of the Guidance (I) are conducive to a clearer resolution of the jurisdiction disputes of cross-border commercial cases in the Greater Bay Area, and can also further strengthen the recognition and implementation of commercial judgments of Hong Kong and Macao courts in the mainland. As for the subject of litigation, the Guidance (I) stipulates that the mainland courts of the Greater Bay Region may, in accordance with the provisions of the mainland civil procedure law, determine the litigation rights and obligations of civil subjects such as residents, enterprises, business owners, liquidators, provisional liquidators, executors, and estate administrators in Hong Kong and Macao Special Administrative Regions. At the same time, the relevant procedures are further simplified and optimized. For example, the parties from Hong Kong and Macao can go through the procedures for the authorization and witness of the litigation agent through online means. If a lawyer from Great Bay District (i.e., a lawyer from Hong Kong and Macao who has obtained the practicing qualification of the nine mainland cities in Great Bay District) is entrusted to represent the litigation, the mainland court can directly determine the authorization relationship according to the power of attorney. It is believed that this provision will help further activate the litigation business of lawyers in the Greater Bay area in the mainland. With regard to the service of judicial documents, the Guidance (I) stipulates that the mainland courts of the Greater Bay Region can send the litigation documents to the parties in the SAR in a manner consistent with the laws or practices of Hong Kong and Macao when trying commercial cases involving Hong Kong and Macao. According to Article 2 of the Arrangement on Mutual Entrustment of Service of Judicial Documents and Retrieval of Evidence in Civil and Commercial Cases between the Mainland and the Macao Special Administrative Region, the mutual entrustment of service of judicial documents between the courts of the Mainland and the Macao Special Administrative Region shall be carried out through the higher people's courts and some intermediate people's courts, grass-roots people's courts and the Court of Final Appeal of the Macao Special Administrative Region authorized by the Supreme People's Court after consultation with the Macao Court of Final Appeal. Previously, the Supreme People's Court has authorized the People's Court of Hengqin Guangdong-Macao Deep Cooperation Zone, the People's Court of Shenzhen Qianhai Cooperation Zone, and the People's Court of Nansha District of Guangdong Free Trade Zone to directly carry out judicial assistance with Macao

Edit:Hou Wenzhe    Responsible editor:WeiZe

Source:chinacourt.org

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