[Direct answer]In the Beijing area, after the contract is terminated, the jurisdiction clauses in it usually remain in effect. According to Article 507 of the Civil Code of the People's Republic of China, if the contract is not effective, invalid, revoked, or terminated, it does not affect the validity of the clauses regarding dispute resolution methods in the contract, and the jurisdiction agreement falls into this category; Article 567 of the Civil Code of the People's Republic of China stipulates that the termination of contractual rights and obligations does not affect the validity of settlement and liquidation clauses. In judicial practice, the jurisdiction clauses in the agreement are independent and do not become invalid due to the termination of the main contract. The parties should still file a lawsuit in the court with jurisdiction according to the agreement. It is recommended to carefully stipulate jurisdiction when signing the contract and to check the jurisdiction clauses first after a dispute arises, so as to avoid wasting time limits by filing a lawsuit in a court without jurisdiction and having it rejected. For more details, please refer to the following link:Legal services for corporate commercial and contract disputes.

1. Problem background and typical scenarios

After the contract is terminated, whether the jurisdiction clause is still valid is a problem that is easily overlooked in practice. Typical scenarios include: the main contracts such as sales and cooperation are terminated due to breach of contract or the purpose of the contract being frustrated, and the parties have disputes over whether the jurisdiction court agreed upon at that time is still applicable; in cross-regional transactions, one party wants to return to their local court for litigation and attempts to deny the original jurisdiction agreement by claiming that the contract has been terminated; and in standard contracts, the jurisdiction clauses written in advance are claimed to have never taken effect after the contract is terminated. Many parties mistakenly believe that "the main contract is terminated, and the clauses are eliminated together", only to find that their lawsuits are transferred to courts without jurisdiction or even dismissed, thereby increasing costs unnecessarily. For disputes involving cross-regional performance, it can be combined with the following factors for analysis and resolution:Real estate sales and construction project servicesDetermine the place of performance.

II. Key points of contention

The focus of the dispute lies in three aspects. Firstly, the independence of the jurisdiction clause: one party argues that the contract has been terminated and the jurisdiction agreement has become invalid; the other party argues that the jurisdiction clause is a method of dispute resolution, and the termination does not affect its validity. The court usually supports the latter view. Secondly, the validity of the jurisdiction agreement itself: if the agreement violates the hierarchical jurisdiction, exclusive jurisdiction, or fails to fulfill the obligation of providing adequate notice as a standard clause, it may be invalid even if the main contract remains in force. Thirdly, the remedial path after termination: when the jurisdiction clause is valid, the litigation should still be filed in the agreed court; if it is invalid, the case will be subject to statutory jurisdiction such as the defendant's domicile or the place of performance of the contract. For jurisdiction involving the recovery of creditor's rights, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Lawyers

Based on the contract termination cases handled by our firm, it can be seen that the relevant responsibilities and clauses do not automatically cease to exist after the contract is terminated. In the mutual exchange contract dispute represented by Attorney Tian Jiaoyan of Hengluo Law Firm, Liu * and Li * signed a car purchase contract on September 1, 2023. Liu * delivered the vehicle and paid an additional 130,000 yuan to obtain the transfer of the Beijing A license plate, but Li * delayed the transfer. On November 10, 2023, Liu * notified Li * to terminate the contract and entrusted a lawyer to sue in court, claiming to confirm the termination and return the discounted price of 420,000 yuan. The court adopted the attorney's opinion and ruled to confirm the termination of the contract and ordered the defendant to pay 420,000 yuan. Although this case focuses on return and discounted price, it clearly demonstrates a principle: after the contract is terminated, the resolution of disputes and the assumption of responsibilities still need to be handled in accordance with the contract provisions and legal regulations. The jurisdiction clauses, which serve as a method of dispute resolution, also continue to apply. This case was handled by Beijing Hengluo Law Firm.Tian JiayanAttorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acting on behalf of the client. For matters involving corporate compliance and contract template design, we can provide follow-up services.Intellectual property protection and corporate legal services.

IV. Practical suggestions and legal basis

The legal basis is Article 507 (Independence of Dispute Resolution Clauses), Article 567 (Effectiveness of Settlement and Liquidation Clauses), and Article 563 (Statutory Right of Rescission) of the Civil Code of the People's Republic of China (effective January 1, 2021); as well as Article 35 (Agreement Jurisdiction) and Article 130 (Handling of Jurisdiction Objections) of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and effective January 1, 2022). Practical advice: 1. Draft jurisdiction clauses carefully during the contract signing stage to avoid violating exclusive or hierarchical jurisdiction rules or having defective standard clauses. 2. After a dispute arises, first review the validity of the jurisdiction agreement. If it is valid, file a lawsuit according to the agreement; if it is invalid, proceed with statutory jurisdiction. 3. When the other party raises a jurisdiction objection, prepare a written rebuttal. 4. For cross-field disputes, consult relevant experts or professional organizations for further advice.Special services and other case servicesCoordinate and plan everything in an organized and efficient manner to ensure that all tasks are completed on schedule and without any issues.

5. Hengluo Law Firm's Advice

The termination of a contract does not mean that the jurisdiction clause becomes invalid. Never choose a court at random on the grounds that "the contract is no longer in effect". The first step is to verify whether the jurisdiction agreement is valid in itself—whether it violates exclusive jurisdiction or hierarchical jurisdiction, and whether the obligation to provide notice and explanation for standard clauses has been fulfilled. If the agreement is valid, strictly sue in the agreed court to avoid delays in substantive trials due to jurisdiction errors or dismissals. Attention should be paid to the design of the jurisdiction clause at the time of signing, and the cost of dispute resolution should be controlled in advance. If you are unsure about the validity of the agreement or statutory jurisdiction, it is recommended to consult a professional lawyer as soon as possible to prevent procedural stagnation. For more details, please refer to the following link:Legal services for corporate commercial and contract disputes.

VI. Frequently Asked Questions

Q1: After the contract is terminated, can the original jurisdiction clause still be used to determine the court where the lawsuit should be filed?

Generally, this is possible. Jurisdiction clauses are clauses for dispute resolution, and according to Article 507 of the Civil Code, they are independent. The termination of the main contract does not automatically render them invalid. The parties should still sue in the court with jurisdiction as agreed upon. However, it should be noted that if the jurisdiction agreement itself is invalid due to violating the hierarchical jurisdiction, exclusive jurisdiction, or failing to fulfill the obligation to provide adequate notice as a standard form clause, it can no longer be used as a basis and should revert to the statutory jurisdiction such as the defendant's domicile or the place of performance of the contract. Therefore, the conclusion is not absolute. The key lies in whether the agreement itself is legal and valid, rather than just looking at the status of the main contract.

Q2: To argue that the jurisdiction clause is valid, what evidence do I need to prepare?

The core materials include: the original or copy of the contract containing the jurisdiction clauses, the identity and qualification information of the contracting parties, the notification documents for the performance and termination of the contract, the explanation of the jurisdiction basis listed in the complaint, and the materials proving that the agreement represents the true intention of both parties (such as negotiation records and signing receipts). If the other party raises a jurisdiction objection, you should also prepare a written rebuttal opinion, citing the jurisdiction clauses of the agreement and the principle of independence. In the case of standard contract clauses, you also need to prove that you have fulfilled your obligation to provide sufficient explanations and instructions. If necessary, you can supplement the evidence with screenshots of the signing process and signing receipts.

Q3: What are the approximate legal fees and litigation costs arising from jurisdictional disputes?

Generally, jurisdictional objections do not incur additional high litigation fees. If the objection is not upheld, some courts charge 50 yuan to 100 yuan per case, with the specific amount subject to local standards. The litigation fees for substantive cases are still calculated based on the amount in dispute in accordance with the "Measures for the Payment of Litigation Fees". Lawyer's fees depend on the complexity of the case and the amount in dispute, and are negotiated between the law firm and the client according to the agency contract. There is no unified government pricing for these fees. Compared with fees, it is more important to avoid delays in substantive trials due to jurisdictional errors or dismissals. It is recommended to verify the validity of the agreement in advance and consider both costs and efficiency.

Q4: How long does it usually take to resolve a jurisdictional dispute?

If the other party raises an objection to jurisdiction, the court shall make a ruling within 15 days from the date of accepting the objection; if the party is dissatisfied with the ruling, he/she may appeal, and the second-instance court shall generally make a final ruling within 30 days. If the objection is established, the case will be transferred to the court with jurisdiction, and the overall process may be delayed by one to several months, directly affecting the pace of realizing substantive rights. Therefore, it is important to design a good jurisdiction clause when signing the contract and to accurately judge the effectiveness of the clause after a dispute arises, which can effectively avoid this unnecessary procedural waste.

Q5: If I find that the jurisdiction clause may be invalid after the contract is terminated, what should I do?

First, review whether the agreement violates exclusive jurisdiction, hierarchical jurisdiction, or constitutes a standard clause that fails to fulfill the obligation of providing adequate warnings and explanations; if it is indeed invalid, litigation should be initiated in accordance with statutory jurisdiction (usually the defendant's domicile or the place of performance of the contract), and it is strictly prohibited to continue to sue in the court specified in the original agreement to avoid being dismissed. At the contract signing stage, it is necessary to carefully draft the jurisdiction clauses and retain the evidence of warnings; after a dispute arises, timely consult a lawyer to evaluate the effectiveness of the clauses and clarify the litigation path. At the same time, pay attention to the statute of limitations and the period for providing evidence to avoid damage to substantive rights due to errors in procedural judgment.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Corporate commercial legal services·Attorney Tian Jiaoyan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.