问题 多项选择题

In relation to the Civil Procedure Law of China:

(b) state the major legal characteristics of exclusive jurisdiction, in terms of: (i) the basis of exclusive jurisdiction; and (4 marks) (ii) the effect of the rule of exclusive jurisdiction.(4 marks)

答案

参考答案:(i) Exclusive jurisdiction is a special rule of territorial jurisdiction. To determine the exclusive jurisdiction over a particular dispute it is necessary for a court to find the relevant territorial factor involved in the case. Therefore the basis of the exclusive jurisdiction is same as that of the common territorial jurisdiction.(ii) Exclusive jurisdiction shall specially be prescribed by the law, and be strictly complied with both by the parties to the dispute and the courts hearing the case. It means that parties may not agree upon a jurisdiction in conflict with exclusive jurisdiction. Any choice of forum by parties against the rule of exclusive jurisdiction shall be null and void. On the other hand, any judgement based on the jurisdiction in violation of the rule of exclusive jurisdiction may be refused to enforcement by the court in the place on which the exclusive jurisdiction is based.

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