Can Foreign Contracts Solve Disputes With Chinese Law?

2008/11/13 11:20:00 41865

First, it depends on whether the parties choose whether the Chinese law is applicable or not.

Two, when the parties choose the law, they must make it in an express way, and the scope of selection can only be substantive law.

Moreover, we must not violate the basic principles of the state where the parties are located and the mandatory provisions of the country's laws.

If China stipulates that the Sino foreign joint venture contract, Sino foreign contractual joint venture contract and Sino foreign cooperative exploration and development natural resources contract, which are implemented in People's Republic of China, the People's Republic of China law must be applied.

Three, when the parties have no choice, they may apply the laws of the countries that are most closely related to the contract, which is called the "most closely related principle", such as the law of the place where the contract is concluded, the law of the place of execution of the contract, the place where the subject matter is located, the law of the place where the party is located, the law of the place of the court and the law of the place of arbitration.

The court enjoys certain discretion when judging by this.

Four, give priority to the application of international treaties and apply international practices under certain conditions.