Conflict of jurisdiction over foreign-related maritime disputes in China

Chinese civilprocedure law provides statutory jurisdiction of Chinese courts. It also allowsthe choice of foreign courts through jurisdiction agreements in contract. InChinese judicial practice, foreign jurisdiction agreements may be held null andvoid because of the lack of real connection between the agreed foreignjurisdictions and the foreign-related commercial and maritime disputes. Chinesecourts may therefore have jurisdiction when China has real connection with the dispute,in particular when Chinese parties are involved in disputes. Chinese courts mayalso have jurisdiction through other ways, e.g. by construction of jurisdictionagreements, acceptance of claim in tort arising from contract and constructionof standard forms of contract. Conflict of jurisdiction over foreign-relateddisputes is thus caused. The conflict of jurisdiction may result in parallelproceedings and difficulty in enforcement of foreign judgments in China. Theappropriate application of forum non conveniens maysmooth the conflict of jurisdiction between Chinese courts and foreign courts.To recognise the choice of foreign court in contract as party autonomy is anappropriate solution to the conflict of jurisdiction over foreign-relateddisputes in China.