The tools of transaction planning and cross-border dispute resolution in civil and commercial matters are designed to provide an efficient and safe system for the treatment and success of cross border transactions: they aim to enhance predictability and justice in cross-border legal relations in civil and commercial matters, reducing the risks and costs associated with dispute resolution. As such, this area of the law is of paramount importance in the establishment of trade relations.
The People’s Republic of China and the EU are important economic and trade partners. Their bilateral cooperation has been mutually beneficial. In 2021, China-EU trade exceeded $800 billion for the first time and two-way investment went beyond $270 billion in cumulative terms. In the first eight months this year (2023), the total trade between China and the EU was $575.22 billion, up by 8.8%. EU’s investment in China was $7.45 billion, up by 121.5% year-on-year. Such trade and investment cooperation has boosted the development of both sides. Against this background, it is noteworthy
that the Chinese cross-border e-commerce is growing at an estimated annual rate of 20-30%.
Overall, the People’s Republic of China-Europe cooperation is deeply rooted in solid public support, extensive common interests and similar strategic needs.
With this in mind, this course aims to provide students with a thorough understanding of
transaction planning and cross-border dispute resolution in civil and commercial matters in the relations between the People’s Republic of China and the European Union. Notably, the Course aims at familiarizing the students with questions of jurisdiction, applicable law, and recognition and enforcement of foreign judgments. The course tackles, in particular, the regime established by the so-called Brussels I-bis Regulation. It then discusses the impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements (currently in force between 32 jurisdictions, including the European Union and signed by the People’s Republic of China in 2017) might have on the global setting, also in light of the progressive expansion of international commercial courts.
Furthermore, it considers the potential impact of the 2019 Hague Convention on the Recognition and Enforcement of Judgments in Civil or Commercial Matters adopted on 2 July 2019: the Convention – which is considered a catalyst of a global judicial union – has been ratified by the European Union in 2022 and has entered into force on 1 September 2023. Ultimately, alternative dispute resolution mechanisms, such as arbitration and mediation, will be tackled via the 1958 New York Convention on arbitration (ratified by the People’s Republic of China in 1987) and the 2019 Singapore Convention on
international mediated settlement agreements.
The course will be taught from the perspective of a practitioner from the People’s Republic of China who wishes to explore and use for the benefit of his/her clients the transaction planning regime in Europe.
