TSINGHUA CHINA LAW REVIEW
Development of Parallel Litigation Regulation in China’s Amended Civil Procedure Law
Created on:2024-02-07 11:07 PV:489
By Pan Yan |China Law Update |16 Tsinghua China L. Rev. 109 (2023)   |   Download Full Article PDF

Abstract

The Amended Civil Procedure Law of the People’s Republic of China in September 2023 (“the Amended CPL”) emerged in response to perceived deficiencies within the existing domestic legal framework and the escalating challenges encountered in cross-border scenarios. The Amended CPL has strategically addressed this predicament by expanding the jurisdictional ambit and exclusive authority of Chinese courts, precisely defining their competence in adjudicating parallel litigation cases. It has also introduced crucial principles such as the rule of prior in tempore and the doctrine of forum non conveniens to facilitate the harmonization between international proceedings. This essay is a comprehensive analysis of these legislative changes, delving into their intricacies and implications. In doing so, it aims to unravel the balance that the legislator sought to strike between two conflicting values: judicial sovereignty and international comity.

Keywords: Foreign-related Litigation, Parallel Litigation, Civil Procedure Law, Prior in Tempore, Forum Non Conveniens.