International Commercial Litigation

After an international commercial dispute occurs, if there is no effective arbitration agreement, any party can sue the court with jurisdiction and request judicial settlement, which is international commercial litigation.

Although there are deficiencies in the procedures of international commercial litigation, such as strict and cumbersome procedures and lack of professional knowledge of judges, it is still an important remedy for mediation or reconciliation and arbitration.

The following is a brief introduction to the litigation status and litigation jurisdiction of foreign parties in international commercial litigation law.

(1) litigation status of foreign parties

The litigation status of foreign parties refers to what kind of litigation rights a foreign natural person or legal person enjoys in a certain country, what kind of litigation obligations he bears, and what kind of litigation capability he has.

Foreigners have certain litigation status in a country's territory, which is a prerequisite for the initiation of international commercial litigation. All countries' procedural law and relevant international conventions clearly stipulate: (1) the general principle of regulating the rights and obligations of foreign natural persons is the principle of national treatment, that is, to regulate foreigners to enjoy the same civil litigation rights as their own citizens and to bear the same litigation obligations; secondly, to determine the ability of foreign natural persons to act in accordance with civil law in principle, but in order to protect the legitimate interests of the good party, especially the citizens of their own countries, all countries further stipulate that if the law courts concerned foreigners have the capacity for litigation, they will be deemed to have the ability to act.

(two) litigation jurisdiction

Jurisdiction of international commercial litigation refers to the jurisdiction of a court in which a court has admissibility --- trial of commercial cases involving international or foreign-related factors.

It wants to solve the question of which country's courts have jurisdiction over a particular international commercial case.

Because of different political and economic interests, different countries have different rules on litigation jurisdiction. So far, a unified international commercial litigation jurisdiction system has not yet been formed. Now, the provisions on the determination of jurisdiction in several major countries are introduced as follows:

1, common law countries generally classify litigation into litigation and litigation.

A lawsuit refers to a lawsuit that can only be brought to a particular debtor to protect a particular creditor, and a lawsuit refers to a lawsuit that can be brought about by any infringer in order to protect the property and the right of identity.

The courts of Anglo American law states determine whether they have jurisdiction over these two kinds of lawsuits according to the "effective control principle".

In the case of a person, as long as the defendant is in the territory of the country when he delivers the summons, the summons can be delivered to the defendant effectively, and the national court has jurisdiction over the case. In the case of litigation, the court has jurisdiction over the case as long as the property is in its own territory or the residence of the defendant is in the territory.

2, the French countries represented by Latin countries generally determine the jurisdiction of a country's court according to the nationality of the parties concerned, and stipulate that their courts have jurisdiction over the proceedings of their nationals, even if there is no connection between them.

3, according to the residence of the defendant, Germany, Austria, Japan and other countries determine whether their courts have jurisdiction over the relevant cases, while making jurisdiction according to nationality as an exception.

For example, in addition to cases such as real estate litigation and inheritance cases, which are exclusively under the jurisdiction of the national courts, other cases are determined according to the domicile of the defendant in the jurisdiction of international commercial litigation.