Where a lawsuit has been brought against a defendant that does not have domicile in China in the disputes over contracts or other property interests, and if:
(1) The contract in dispute is entered into or performed in China;
(2) The property in dispute is in China;
(3) The defendant has property in China that can be seized or attached; or
(4) The defendant has established a representative organization in China,
such disputes can be entertained by Chinese courts in the places where the contract is executed or performed, the property in dispute is located, the property that can be seized or attached is located, tort is conducted, or the representative organization is located.
The parties to the disputes such contracts or property interests involving foreign elements may agree to submit to the jurisdiction of a court in the places that have actual connection with such disputes.
However if a defendant fails to challenge the jurisdiction of the Chinese court and answers the complaint, it shall be deemed that he has admitted that the Chinese court has competent jurisdiction. Lastly, suits that are brought because of disputes over Sino-foreign equity joint venture contracts, Sino-foreign cooperative joint venture contracts and contracts for Sino-foreign cooperative exploration and development of natural resources shall only be subject to the jurisdiction of Chinese courts. |
