Successful cases of applying for jurisdiction objection are as follows:
main points
Whether the parties choose to govern the agreement is clear, the true meaning of the agreement should be determined according to the words used in the agreement, the relevant terms and purposes of the agreement, and not limited to whether the agreement specifies a specific court.
Case index
First instance: Fenghua People's Court of Zhejiang Province (20 10) Fengfa Shangzichu No.54 (2010 May 4) (no appeal)
The facts of a legal case
Plaintiff: Ningbo Jinghua Knitting Co., Ltd.
Legal Representative: Yan, executive director of the company.
Authorized Agent: Mao Haibo, lawyer of Zhejiang Qiushi Law Firm.
Defendant: Ningbo Bunuan International Trade Co., Ltd.
Legal Representative: Huang Jianming, general manager of this company.
Authorized Agent: Zheng Yijie, lawyer of Zhejiang Nanjian Law Firm.
Authorized Agent: Jiang, lawyer of Zhejiang Fujian Law Firm.
Fenghua People's Court found through trial that on May 8, 2009, the plaintiff Ningbo Jinghua Knitting Co., Ltd. and the defendant Ningbo Bunuan International Trade Co., Ltd. entered into a sales contract through negotiation. According to the contract, the defendant ordered from the plaintiff 15000 pieces of wool women's jackets at the price of 48 yuan and 3500 pieces of wool men's jackets at the price of 6 10g/m2, with a total contract price of 933500 yuan. In case of dispute, if negotiation fails, either party may bring a lawsuit to the local people's court.
After the Fenghua Municipal People's Court accepted the case, the defendant Ningbo Bunuan International Trade Co., Ltd. raised an objection to the jurisdiction during the submission of the defense, arguing that the contract signed by the original and the defendant stipulated the method of resolving the contract dispute, which should be resolved by both parties through consultation. If negotiation fails, either party may bring a lawsuit to the local people's court. If it is unclear, the case shall be transferred to the People's Court of jiangdong district, Ningbo for trial.
submit to trial
After examination, Fenghua People's Court held that both parties to a contract may agree in a written contract to choose the jurisdiction of the people's court where the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff's domicile and the place where the subject matter is located, but they shall not violate the provisions of the Civil Procedure Law on hierarchical jurisdiction and exclusive jurisdiction.
In the sales contract signed by the plaintiff and the defendant in this case, the method of resolving contract disputes was agreed, which should be settled by both parties through friendly negotiation first. If negotiation fails, either party may bring a lawsuit to the local people's court. This agreement can be regarded as that if the plaintiff and the defendant agree to choose the plaintiff to sue, it will be under the jurisdiction of the people's court where the plaintiff lives. The agreement between the original and the defendant does not violate the provisions of the Civil Procedure Law on hierarchical jurisdiction and exclusive jurisdiction. Therefore, the agreement on the choice of the court of jurisdiction in this case is clear and effective, and this court has jurisdiction over this case.
Legal basis:
Article 223 of the Interpretation of the Civil Procedure Law of People's Republic of China (PRC) (Revised in 2020) If a party raises an objection to jurisdiction during the submission of the defense and pleads the contents of the complaint, the people's court shall examine the objection to jurisdiction in accordance with the provisions of the first paragraph of Article 127 of the Civil Procedure Law.
If a party makes a defense, statement or counterclaim on the substance of the case and does not raise any objection to the jurisdiction, it may be deemed as a respondent defense as stipulated in the second paragraph of Article 127 of the Civil Procedure Law.