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Tuesday, May 5, 2015

Does the amount in controversy matter in civil cases in Chinese military courts?

For commercial cases, the amount in controversy does matter in determining which Chinese military court will hear your dispute.

On 30 April, the Supreme People's Court adjusted the jurisdiction of higher and intermediate level courts, for both the civilian and military courts in first instance civil/commercial cases in 关于调整高级人民法院和中级人民法院管辖第一审民商事案件标准的通知 (Notice on adjusting jurisdiction for higher and intermediate courts in 1st instance Civil/Commercial cases).  From 1 May:
  • The PLA Military Court now has jurisdiction over civil cases with an amount in controversy of RMB 100 million or more; and
  • Military region military courts have jurisdiction over civil cases with an amount in controversy of RMB 20 million to 100 million.
Judgments from the military courts are not yet published on the Court's Supreme People's Court database.  Earlier this year, (as reported here), a PLA legal academic suggested a change in that policy.

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