The Law of Choice of Law Applicable in International Civil Relations - Chapter I

(The following clauses are selected from The Law of Choice of Law Applicable in International Civil Relations of the People's Republic of China authored by Robert Zhang and Steve Li, international arbitration lawyers registered in Shanghai, China.)


The Law of Choice of Law Applicable in International Civil Relations of the People's Republic of China

Adopted at the 17th Session of the 11th National People's Congress Standing Committee on October 28, 2010

Chapter I General Provisions

Article 1 This Law is enacted to stipulate the choice of law rules in international civil relations, reasonably resolve international civil disputes, and safeguard the legitimate rights and interests of the parties.

Article 2 The choice of the law applicable in international civil relations shall be governed by this Law. Where an international civil relation falls within the scope of application of the special choice-of-law provisions of other laws, such special provisions shall prevail.

Where an international civil relation falls within the scope of application of the choice-of-law provisions of neither this Law nor any other law, it shall be governed by the law of the jurisdiction to which it has the most significant relationship.

Article 3 The parties may make an express choice of the law to govern their international civil relations according to law.

Article 4 Where the laws of the People's Republic of China (the "PRC") have mandatory provisions regarding international civil relations, such mandatory provisions shall apply directly without giving effect to the choice of law provisions.

Article 5 Where the application of foreign laws will cause damage to the public interests of the PRC, the laws of the PRC shall apply.

Article 6 Where an international civil relation shall be governed by the laws of a foreign country, and different laws are implemented in different jurisdictions of the country, it shall be governed by the laws of the jurisdiction to which it has the most significant relationship.

Article 7 The statute of limitations in an international civil relation shall be governed by the law which shall apply to such international civil relation.

Article 8 The determination of the nature of an international civil relation shall be governed by the law of the forum.

Article 9 The laws of a foreign country to be applied to an international civil relation shall not include the choice of law rules of that country.

Article 10 The laws of a foreign country to be applied to an international civil relation shall be ascertained by the competent people's court, arbitration institution, or administrative authority. Where the parties choose to apply the law of a foreign country, they shall provide such law.

Where the laws of a foreign country to be applied cannot be ascertained or do not have applicable provisions, the laws of the PRC shall apply.



Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…

ABOUT AUTHOR

China International Arbitration Lawyers, membered by international lawyers and arbitrators experienced in international arbitration and litigation practising in Shanghai, authors of tens of published works.
Email: elitelawyers@outlook.com
My blog: http://shanghailawfirm.net/