Interpretation of the Supreme People's Court's New Rules on Jurisdiction over Foreign-Related Civil and Commercial Cases in 2026: New Trends in Cross-Border Dispute Resolution

## Background of the New Rules and Core Changes: Strengthening China's Foreign-Related Judicial Jurisdiction

In 2026, the Supreme People's Court issued the Provisions on Several Issues Concerning Jurisdiction over Foreign-Related Civil and Commercial Cases, aimed at addressing increasingly complex cross-border commercial activities. The core of the new rules lies in expanding the scope of jurisdiction of Chinese courts over foreign-related civil and commercial cases, clarifying the "actual connection" standard, and refining the effect of jurisdictional agreements. For example, where parties agree to submit their dispute to a Chinese court, that court may exercise jurisdiction as long as the dispute has a reasonable connection with China. This move will significantly enhance China's appeal in international commercial dispute resolution and provide more convenient judicial protection for Belt and Road enterprises.

[3] New Regulations on Agreed Jurisdiction and Exclusive Jurisdiction: Compliance Points Enterprises Need to Note

[4] The new regulations further relax the written form requirements for agreed jurisdiction, allowing electronic communication records (such as emails and instant chat logs) to serve as valid evidence. At the same time, the scope of exclusive jurisdiction cases involving real estate, intellectual property, etc., is clarified to prevent parties from circumventing it through agreements. Enterprises should promptly review the jurisdiction clauses in existing foreign-related contracts to ensure compliance with the new regulations, avoiding increased litigation costs due to invalid jurisdiction. For example, cross-border trade contracts may prioritize agreeing on Chinese court jurisdiction to leverage the convenience of the new regulations.

[5] Impact on Parallel Proceedings and Arbitration: Adjusting Cross-Border Dispute Resolution Strategies

[6] The new regulations adopt a more flexible approach to parallel proceedings (the same dispute litigated in multiple countries simultaneously), allowing Chinese courts to suspend or dismiss cases under specific conditions to promote international judicial cooperation. Additionally, the new regulations clarify the principle of independence of arbitration agreements, emphasizing that courts must not interfere with arbitration proceedings on jurisdictional grounds. Enterprises may consider shifting dispute resolution clauses from pure litigation to a "litigation + arbitration" dual-track system to address enforcement risks across different jurisdictions. It is recommended that legal teams simulate dispute scenarios under the new regulations in advance and develop contingency plans.