Legal Case Summaries

2017 LC CASE SUMMARIES
Higher People’s Court of Liaoning Province; (2014) L. L. Y. M. Z. Zi No.5

Higher People’s Court of Liaoning Province

(2014) L. L. Y. M. Z. Zi No.5

Provided by JIN Saibo, Beijing Jincheng Tongda & Neal Law Firm

Parties:

1. Liaoning Hi-Tech Energy Group Co., Ltd: Plaintiff, Appellee
2. Biomass Electricity Co., Ltd.: Defendant, Appellant;
3. China Construction Bank Liaoning Branch: Third Party.

Procedural History: The trial court decided the court had jurisdiction on this case, the defendant appealed.

Facts: The plaintiff and the defendant had dispute on the L/G. The plaintiff thought the defendant was fraud in L/G, and the plaintiff filed a lawsuit to the trial court. Meanwhile, the ICC had accepted and heard the case.

Legal Issue(s): Whether the court has the jurisdiction on the dispute of the L/G, even though parties agreed to solve the dispute of the contract via arbitration?

Legal Rule(s): Art.170(1), Civil Procedure Law, After trying a case on appeal, the people’s court of second instance shall, in the light of the following situations, dispose of it accordingly:

If the facts were clearly ascertained and the law was correctly applied in the original judgment shall be affirmed.

Disposition –
for each legal issue: The court affirmed the court had jurisdiction on this case.

Holding & Reasoning
for each issue: This case was about an independent L/G, since the L/G was separated from the contract. And the plaintiff thought the defendant infringed the plaintiff’s right, this case was a tort case. Intermediate People’s Court of Shenyang has jurisdiction on this case according to law.