Commercial contracts (especially international financing agreements) between Chinese parties and foreign parties often designate a foreign court outside of China as the forum in which to resolve potential disputes. Such a forum selection clause, often insisted upon by the financial institution due to its stronger bargaining position, has become a generally accepted practice in international financing transactions.
However, when entering into an international commercial contract with a Chinese party, selecting a foreign jurisdiction to resolve disputes may place the foreign party at a disadvantage with respect to future commercial activities.
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