Jurisdiction of lease contract: legal provisions

Disputes over lease contracts shall be under the jurisdiction of the local people's court in accordance with the provisions of the contract or the laws of the actual place of performance.

China's Civil Procedure Law of People's Republic of China (PRC) stipulates that when signing a contract, the parties shall reach an agreement on jurisdiction. If no agreement is reached, it shall be under the jurisdiction of the local people's court in accordance with the law or the law of the actual place of performance. For the lease contract, both parties can choose the agreed jurisdiction. Usually, disputes over lease contracts are under the jurisdiction of local people's courts. If the lease contract is not clearly stipulated or not clearly stipulated, it shall be under the jurisdiction of the local people's court in accordance with the laws of the actual place of performance. In particular, if the lease contract involves inter-provincial lease, both parties can choose a third-party arbitration institution when signing the contract and entrust it to arbitrate. This can avoid jurisdictional disputes that span multiple jurisdictions.

What if the jurisdiction court agreed by both parties in the lease contract is different from the actual place of performance? In practice, if the jurisdiction court stipulated in the lease contract is different from the actual place of performance, even if one party files a lawsuit, it is likely that it will not be supported. Therefore, it is suggested that both parties should seriously consider the issue of jurisdiction when signing the lease contract, so as to avoid unclear agreement or inconsistency with the actual place of performance.

Disputes over lease contracts shall be under the jurisdiction of the local people's court in accordance with the provisions of the contract or the laws of the actual place of performance. In order to avoid jurisdiction disputes, it is necessary to carefully stipulate jurisdiction in the lease contract and strictly follow the agreement.

Legal basis:

Article 33 of the Civil Procedure Law of People's Republic of China (PRC) The following cases shall be under the exclusive jurisdiction of the people's court as stipulated in this article:

(a) the lawsuit brought by the real estate dispute shall be under the jurisdiction of the people's court where the real estate is located;

(2) A lawsuit brought over a port operation dispute shall be under the jurisdiction of the people's court where the port is located;

(3) A lawsuit brought in connection with an inheritance dispute shall be under the jurisdiction of the people's court in the place where the decedent died or where the main heir lived.