Fashi [2002] No. 5; Adopted at the 1, 203rd Session of the Judicial Committee of the Supreme People's Court on December 25, 2001; Effective as of March 1, 2002.

In order to correctly try civil and commercial cases involving foreign elements and protect the legitimate rights and interests of Chinese and foreign parties, in accordance with the provisions of Article 19 of the Civil Procedure Law of the People's Republic of China, the relevant matters regarding jurisdiction over civil and commercial cases involving foreign elements are notified as follows:

Article 1 The following people's courts shall have the first instance jurisdiction over the civil and commercial cases involving foreign elements: 

1. People's courts established in the economic and technological development zones upon the approval of the State Council; 

2. Intermediate people's courts in the capital cities of provinces and autonomous regions as well as the municipalities directly under the control of central government; 

3. Intermediate people's courts in the special economic regions and specially designated cities in the State plan 

4. Other intermediate people's courts designated by the Supreme People's Court; and

5. High people's courts. 

The scope of the jurisdiction of each of the above mentioned intermediate people's courts shall be determined by the high people's court in the area concerned.

Article 2 In the event of dissatisfaction with the ruling or decision of the first instance rendered by the people's court established in an economic and technological development zone upon the approval from the State Council, the case in the second instance shall be subject to the jurisdiction of the intermediate people's court in the area concerned.

Article 3 These Provisions shall be applicable to the following cases: 

(1) Contract cases and infringement dispute cases involving foreign elements;

(2) Letter of credit dispute cases;

(3) Cases of application for cancellation, recognition or enforcement of international arbitration awards;

(4) Cases of examining the validity of civil or commercial arbitration clauses involving foreign elements; and 

(5) Cases of application for recognition and compulsory enforcement of civil or commercial judgments or rulings rendered by a foreign court.

Article 4 These Provisions shall not be applicable to the border trade dispute cases occurring in border provinces adjoining foreign countries, real estate cases or copyright cases involving foreign elements.

Article 5 Issues regarding the jurisdiction over the civil and commercial cases involving parties from Hong Kong, Macau, and Taiwan shall be handled by referring to these Provisions.

Article 6 High people's courts shall supervise over the jurisdiction over civil and commercial cases involving foreign elements. If any court accepts a civil and commercial case involving foreign elements by exceeding its statutory power, the relevant high people's court shall notify the court or make a ruling to transfer the case to the people's court with jurisdiction.

Article 7 These Provisions shall become effective as of March 1, 2002. Cases that have been accepted prior to the implementation of these Provisions shall continue to be tried by the original court.

If any judicial interpretations, provisions promulgated prior to these Provisions are not in consistency with these Provisions, these Provisions shall prevail.

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*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.