The Shenzhen Bar Association launches a talent training program for foreign-related lawyers. Lawyer Deng Xianxiong analyzes the 5 review nodes of the jurisdiction agreement for foreign-related cases in 2026 and the effectiveness of the jurisdictional clauses in the agreement

What gap is the Shenzhen Bar Association's training program filling

The training plan for foreign-related lawyers promoted by the Shenzhen Bar Association in 2026 has a clear direction: cross-border dispute resolution, foreign-related compliance, and international arbitration. Why do we do it now? Due to the increasing number of foreign-related disputes among Shenzhen enterprises, the number of lawyers who can independently handle cross-border jurisdictional objections, overseas delivery, and foreign law investigations cannot keep up. A training program is not just about issuing a certificate. In practice, it is usually accompanied by simulated arbitration, overseas law firm mentoring, language and foreign law training. For the parties involved, this means finding someone in the futureShenzhen Foreign-Related AttorneyYou can look at two hard indicators: whether you have handled jurisdictional objections and whether you have appeared in court with overseas arbitration institutions. Guangdong Zhiming Law Firm has long been paying attention to the dynamics of foreign-related business, and has previously gained international recognition through Zhiming Law Firm, officially becoming a member of the European Bar Association (AEA) and maintaining sensitivity to changes in international rules through such exchanges. But I have to remind you that the training plan is an action taken by the supply side of the industry, and the outcome of each case still depends on how the contract is written and how evidence is retained. The plan itself cannot be regarded as a winning promise.

The first step is to confirm whether this case is considered "foreign-related" or not

Many parties may ask for the first time: Is it considered foreign-related if the other party is a foreign company? not always. According to Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Law of the People's Republic of China on the Application of Law to Foreign related Civil Relations, if one or both parties are foreign citizens or foreign legal persons, the subject matter is located overseas, or the legal facts that give rise to, modify, or terminate the civil relationship occur overseas, it may be recognized as a foreign-related civil relationship. Another easily overlooked point is that civil and commercial cases involving Hong Kong, Macau, and Taiwan should be handled in accordance with foreign-related cases. This qualification directly determines how the jurisdiction will proceed in the future. In practice, we generally recommend making this judgment before filing or responding to a lawsuit, because once a purely domestic case is filed, advocating for foreign-related procedures later would incur high time costs. The identification criteria for cases involving Hong Kong and Macao by Shenzhen Intermediate People's Court and grassroots courts have become increasingly detailed in recent years, and there may be differences between similar cases.

Second node: Does the protocol jurisdiction clause have an "actual connection"

Article 35 of the Civil Procedure Law stipulates that the parties to a contract or other property rights dispute may, by written agreement, choose the people's court with actual connection to the dispute, such as the defendant's domicile, the place of contract performance, the place of contract signing, the plaintiff's domicile, or the location of the subject matter. Pay attention to the four words' actual connection '. A common way of writing in foreign-related contracts is that both parties agree to be under the jurisdiction of the Singapore court, but the performance of the contract, the domicile of the parties, and the subject matter are all within the territory of China. This agreement may be deemed invalid when reviewed by Chinese courts. When reviewing, I will look at three things: where the connection point is, whether the connection point really exists, and whether the agreed court is uniquely determined. If it is agreed to be under the jurisdiction of a court with jurisdiction, it is equivalent to not agreeing and returning to legal jurisdiction. In foreign-related cases, this clause is written vaguely, followed by competing for jurisdiction and delaying time.

The third node: hierarchical jurisdiction and exclusive jurisdiction, which cannot be bypassed by the agreement

Protocol jurisdiction is not omnipotent. Cases under exclusive jurisdiction, such as real estate disputes, port operation disputes, and inheritance disputes, cannot be changed by the parties through agreement. Article 34 of the Civil Procedure Law locks these categories in place. Special attention should be paid to foreign-related real estate disputes. Even if both parties agree on overseas arbitration or overseas courts, if it involves real estate within China, Chinese courts may still claim exclusive jurisdiction. The level of jurisdiction cannot be broken through by agreement. If the amount of the subject matter exceeds the acceptance standard of the grassroots court, the agreement to be under the jurisdiction of the grassroots court is also invalid. In practice, we generally recommend that the range of target amounts and possible court levels be clearly stated during the drafting stage to avoid clauses appearing complete but actually failing. The scope of foreign-related cases in Shenzhen varies greatly, and there are also detailed differences in the division of labor among the courts in Qianhai, Futian, and Nanshan. It is best to negotiate before signing the contractShenzhen contract dispute lawyerGo over it again.

The fourth node: Only one can be chosen between arbitration and litigation, don't write it as "arbitration or trial"

This is the most frequent pitfall in foreign-related contracts. The clause states that "disputes can be submitted to a certain arbitration commission for arbitration, and can also be sued to a certain court". According to the Arbitration Law and relevant judicial interpretations, this "arbitration or trial" agreement is generally invalid unless one party applies for arbitration and the other party does not raise objections before the first hearing. In foreign-related cases, the difference between arbitration and litigation is not only procedural, but also involves cross-border enforcement under the New York Convention. Choosing arbitration, the award can be applied for recognition and enforcement in over 170 contracting states; The cross-border recognition of litigation and judgment depends on bilateral treaties and reciprocity practices. So when reviewing this node, I would ask the client: Do you value the final verdict more, or do you value the second instance correction? The answers are different, and the wording of the terms is completely different. Don't write 'four unlike' just to keep both sides.

Fifth Node: Applicable Law and Language Terms, Don't Just Focus on the Jurisdiction Court

Jurisdiction resolves' where to fight 'and the applicable law resolves' according to what rules to fight'. According to Article 41 of the Law on the Application of Law in Foreign related Civil Relations, the parties may agree to choose the law applicable to the contract; If there is no choice, the law of the habitual residence of the party performing the obligation that best reflects the characteristics of the contract or other laws closely related to the contract shall apply. When reviewing, the jurisdiction clause and applicable law clause should be viewed together: if a Chinese court is agreed to have jurisdiction but foreign law is chosen, the cost and uncertainty of Chinese judges identifying foreign law will increase. Language terms are often overlooked, and in the event of a conflict between the Chinese and English versions, which one shall prevail, directly affects the interpretation of the terms. In foreign-related cases in Shenzhen, many disputes arise from inconsistent expressions between Chinese and English. Lawyer Deng Xianxiong (Guangdong Zhiming Law Firm) usually packages and checks the four clauses of jurisdiction, applicable law, language, and delivery address when conducting contract review for enterprises. Missing one of them may lead to future problems.

Where will the case go after the invalidity of the jurisdictional clause in the agreement

Invalid terms do not mean there is no place to sue. The jurisdiction of the agreement is invalid and returns to the statutory jurisdiction of Article 24 of the Civil Procedure Law: Lawsuits arising from contract disputes shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. Foreign related cases also need to be accompanied by special rules related to foreign affairs, such as defendants who do not have a domicile within China, contracts signed or performed within China, litigation subject matter within China, defendants having property available for seizure within China, and defendants having representative offices within China, all of which may constitute jurisdictional connection points. Here is a time sensitive information: jurisdictional objections should be raised during the submission of the defense, which is within 15 days from the date of receiving a copy of the complaint. Many parties may miss this deadline when encountering it for the first time, and if they bring it up later, the court generally does not review it. Objections to the effectiveness of arbitration clauses must be raised before the first hearing of the arbitration tribunal.

Three things that businesses and individuals can do now

Firstly, flip out the existing foreign-related contracts and focus on the four clauses of jurisdiction, arbitration, applicable law, and language. If it is found that there is "arbitration or review", "unclear agreement", or "no actual connection", it should be amended through supplementary agreements as soon as possible. Secondly, if a dispute has already occurred, the jurisdictional connection point and deadline should be considered first. The defense period on the 15th is not just a decoration. Thirdly, when choosing a lawyer, it is important to consider their achievements in foreign affairs, rather than relying solely on personal connections. The training program of Shenzhen Bar Association will gradually raise the industry's water level, but individual cases still need to be based on specific terms and evidence. Foreign legal services are not mysticism, they are about carefully identifying every procedural node. Guangdong Zhiming Law Firm has long been involved in industry exchanges and public legal services. Relevant updates can be seen from the invitation of Guangdong Zhiming Law Firm to become a member of the Minsheng Lawyer Group to assist in legal public welfare. Important announcement: Warm congratulations to lawyers such as Ma Ji, Zeng Jianming, and Liao Ruibin on their appointment to Shenzhen and other records. More industry news can be viewed in the industry news section.

Finally, let me make a final judgment: the review of foreign-related jurisdiction clauses is not something that should be done after signing the contract, but rather something that should be agreed upon at the negotiation table. The terms are written correctly, saving months or even years of procedural time later on; Wrote incorrectly, no matter how strong the lawyer is, they can only spin around in the program. Lawyer Deng Xianxiong (Guangdong Zhiming Law Firm) reminds that for contracts involving cross-border transactions, foreign trade settlements, and overseas investments, it is much cheaper to have a professional lawyer conduct a clause examination before signing, as the cost is much lower than rushing for jurisdiction afterwards. For further communication, please refer to Lawyer Deng Xianxiong.

Lawyer Deng Xianxiong, Guangdong Zhiming Law Firm. Consultation hotline: 0755-25986969.

Disclaimer: This article is a general sharing of legal information and does not constitute a legal opinion or commitment to the outcome of any specific case. The determination of the effectiveness of foreign-related jurisdiction and agreement jurisdiction clauses may vary depending on factors such as contract text, connecting point facts, and court review criteria. In case of specific disputes, please promptly entrust a lawyer and make a judgment based on complete materials.