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

(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

Chapter VI Claims

Article 41 The parties may agree to choose the law to govern their contract. In the absence of a choice, their contract shall be governed by the law of the jurisdiction where the habitual residence of the party whose performance of his obligations under the contract best reflects the characteristics of the contract is located or the law of the jurisdiction that has the most significant relationship to the contract.

Article 42 A consumer contract shall be governed by the law of jurisdiction where the consumer's habitual residence is located, or the law of the jurisdiction where the goods or services are provided if the consumer so chooses or the provider of the goods or services does not engage in relevant business activities in the jurisdiction where the consumer's habitual residence is located.

Article 43 An employment contract shall be governed by the law of the jurisdiction where the employee's place of work is located, or the law of the jurisdiction where the employer's principal place of business is located if it is difficult to determine the employee's place of work. Labor dispatch may be governed by the law of the jurisdiction from which the labor is dispatched.

Article 44 Tort liability shall be governed by the law of the jurisdiction where the tort is committed; provided, however, that it shall be governed by the law of the parties' jurisdiction of habitual residence if their habitual residences are located in the same jurisdiction. Where the parties agree to choose the law to govern the tort liability after the occurrence of a tort, the law they choose to apply shall prevail.

Article 45 Product liability shall be governed by the law of the jurisdiction where the victim's habitual residence is located, or the law of the jurisdiction where the tortfeasor's principal place of business is located or the law of the jurisdiction where the damage occurs if the victim so chooses or the tortfeasor does not engage in relevant business activities in the jurisdiction where the victim's habitual residence is located.

Article 46 A tort committed through the Internet or by other means to infringe upon the rights to name, likeness, reputation, privacy, or other personality rights of a victim shall be governed by the law of the jurisdiction where the victim's habitual residence is located.

Article 47 Unjust enrichment or agency by necessity shall be governed by the law that the parties agree to apply. In the absence of a choice, unjust enrichment or agency by necessity shall be governed by the law of the parties' jurisdiction of habitual residence, or the law of the jurisdiction where unjust enrichment or agency by necessity occurs if their habitual residences are not located in the same jurisdiction.