问答题 In relation to the Civil Procedure Law of China:
问答题 (a) explain the term exclusive jurisdiction; (2 marks)
【正确答案】In accordance with Article 34 of the Civil Procedures Law, exclusive jurisdiction refers to such a special territorial jurisdiction under which the court of place shall have the exclusive jurisdiction over the cases, even if such jurisdiction is in conflict with the jurisdiction based on the rules of common territorial jurisdiction.
【答案解析】
问答题 (b) state the major legal characteristics of exclusive jurisdiction, in terms of: (i) the basis of exclusive jurisdiction; and (4 marks) (ii) the effect of the rule of exclusive jurisdiction. (4 marks)
【正确答案】(i) Exclusive jurisdiction is a special rule of territorial jurisdiction. To determine the exclusive jurisdiction over a particular dispute it is necessary for a court to find the relevant territorial factor involved in the case. Therefore the basis of the exclusive jurisdiction is same as that of the common territorial jurisdiction. (ii) Exclusive jurisdiction shall specially be prescribed by the law, and be strictly complied with both by the parties to the dispute and the courts hearing the case. It means that parties may not agree upon a jurisdiction in conflict with exclusive jurisdiction. Any choice of forum by parties against the rule of exclusive jurisdiction shall be null and void. On the other hand, any judgement based on the jurisdiction in violation of the rule of exclusive jurisdiction may be refused to enforcement by the court in the place on which the exclusive jurisdiction is based.
【答案解析】