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The Specific Jurisdiction In U.S. Cases Involving China

Posted on:2022-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
GTID:2506306497995889Subject:International Law
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The considerations of how to determine the competent forum over a dispute has changed significantly in the United States.These changes and developments have made some traditional concepts less important.Thus,a new classification was created,which divided personal jurisdiction into general jurisdiiction and specific jurisdiction.Since the judgment of the Federal Supreme Court in recent years has made the standard of general jurisdiction more strict,the situation of the U.S.courts exercising general jurisdiction over non-resident defendants is very rare.Supreme court need to pay more attention to consider the minimum contacts between the defendant and the forum state to exercise specific jurisdiction.Much of the discussion of long-arm jurisdiction today falls into the realm of specific jurisdiction.There are persistent differences in the attitude to the criteria for determining specific jurisdiction within the Federal Supreme Court and among the courts at all levels.Firstly,the doctrine of the "purposeful availment" element and "relatedness" element,which are applied on the basis of different circumstances,are miscellaneous,with standards ranging from lenient to strict and varying degrees of restriction.Secondly,the "reasonableness" element,which protects the defendant’s interest in litigation,does not appear to be working.For decades,the U.S.courts have sought to refine the specific jurisdiction regime through jurisprudence in the hope of establishing a more consistent and stable standard for determining jurisdiction,however,specific jurisdiction has been left to a vast and scattered jurisprudence ultimately.The exercise of specific jurisdiction in cases involving China during the period2010-2020 has made it clearer that the confusion of the specific jurisdiction regime makes Chinese parties unable to foresee potential litigation when arranging transnational commercial activities.Based on the unavoidable nature of Sino-U.S.economic and trade exchanges,for the hope of providing useful assistance to our parties in dealing with the exercise of specific jurisdiction in the future,it is still necessary to summarise some of the rules that exist in the process of exercising jurisdiction based on jurisprudence.In the face of specific jurisdiction,the Chinese parties may bring forward the forum non convenient as a countermeasure.In addition,China can appropriately draw on the reasonableness elememt from the due process clause to make legal provisions and principles work in conjunction with each other,so that can improve the regime of China’s civil litigation jurisdiction concerning foreign affairs.
Keywords/Search Tags:specific jurisdiction, minimum contacts, due process clause, stream of commerce, purposeful availment
PDF Full Text Request
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