Identification of the Competent Judge in China

For the solution of disputes arising out of the contracts of international sale of goods, in my point of view, to determine the competent court or courts is the first and probably the most important question to solve. The reasons are obvious. First of all, the choice of the competent court has great influence on the distribution of the litigation costs borne by the parties. In addition, to a great extent, it decides which country’s procedural law, even material law, will be applied hereto and therefore determines the outcome of the actions, even the recognition and enforcement of the judgment. Fist of all, the civil procedural rules that dominate the actions are up to the competent court. Second, the court will use its own nation’s laws of conflicts to decide the applicable material laws concerning the disputed contracts.