1987.10.19
THE SUPREME PEOPLE'S COURT
RESPONSE OF THE SUPREME PEOPLE'S COURT TO CERTAIN QUESTIONS CONCERNING
THE APPLICATION OF THE FOREIGN ECONOMIC CONTRACT LAW
(Issued 19 October 1987 by the Supreme People's Court.)
1 The Question of the Scopes of the Foreign Economic Contract Law:
(1) The provisions of the Foreign Economic Contract Law shall apply to
economic contracts, including commodity trade contracts, joint equity
enterprise contracts, co-operative enterprise contracts, contracts for
the co-operative exploration and exploitation of natural resources,
credit contracts, leasing contracts, technology transfer contracts,
project tender contracts, contracts to supply complete sets of
equipment, processing contracts of work, labour contracts, compensation
trade contracts, contracts for scientific or technical consultancy or
design service, contracts of guarantee, insurance contracts, storage and
custody contracts and agency contracts, which are concluded between an
enterprise or other economic organization of the People's Republic of
China and a foreign enterprise, other foreign economic organization or
foreign individual. International shipping contracts, international air-
freight contracts, international rail-freight contracts and
international double entry through-transport contracts, however, shall
be excluded.
(2) The provisions of the Foreign Economic Contract Law may also apply
to economic contracts of the above-mentioned types concluded between an
enterprise, other economic organization or individual from the District
of Hong Kong or Macao and a Chinese domestic enterprise or other
economic organization, or economic contracts concluded between foreign
enterprises, other foreign economic organizations or foreign
individuals, between enterprises, other economic organizations or
individuals from the District of Hong Kong or Macao or between a foreign
enterprise, other foreign economic organization or foreign individual
and an enterprise, other economic organization or individual from the
District of Hong Kong or Macao, which are of the above-mentioned types
and which are concluded or implemented within Chinese territory.
(3) The provisions of the Foreign Economic Contract Law shall not apply
to economic contracts concluded between a Sino-foreign joint equity
enterprise, Sino-foreign co-operative enterprise or foreign investment
enterprise established within Chinese territory and a domestic Chinese
enterprise, other economic organization or individual. The provisions of
the Economic Contract Law of the People's Republic of China shall apply
instead.
2. The Question of the Application of Law to Resolve Disputes involving
Foreign Economic Contracts:
(1) The term "disputes arising from the contract" as stated in Article 5
of the Foreign Economic Cont[1] [2] [3] [4] [5] [6] 下一页
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