The contract letting party and the general contractor agree on arbitration jurisdiction, and at this time, the jurisdiction of the case by the people’s court will undermine the autonomy of the parties involved, and the court’s trial will be deadlocked.
According to Article 38 of the Civil Procedure Law of the People’s Republic of China, it is ruled to reject the objection raised by a certain Senke Salt Chemical Industry Group Co., Ltd.
Although the “Construction Contract” signed by the contractor and the employer stipulates arbitration clauses, Xiong is not the signatory of the “Construction Contract”, and the effectiveness of dispute resolution clauses in the “Construction Contract” signed by the contractor and the employer does not necessarily extend to the third party Xiong.
It was agreed that the contractor should pay the entire project payment before December 31, 2013.
According to the agreement signed between Xiong and the contractor, which states that “both parties shall negotiate and resolve disputes in cooperation based on the principles of fairness and friendship.
Therefore, they requested a ruling to inform Xiong to apply for arbitration to the Xining Arbitration Commission in accordance with the law.
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However, the “Construction Project Construction Contract” signed between the contractor and the employer has clearly stipulated arbitration clauses, so disputes between the two parties regarding the settlement and payment of project funds should be submitted to an arbitration committee agreed upon by both parties for arbitration, which is not within the jurisdiction of the people’s court.
to the jurisdiction of this case.
Xiong, as the actual construction contractor, claims the right to pay the project funds from the employer and the contractor, which involves the settlement of project funds between Xiong and the contractor, as well as between the contractor and the employer.
If consultation fails, the dispute can be resolved in the local people’s court where the project is located.” Xiong and the contractor have a clear agreement on the way to resolve the dispute, that is, to file a lawsuit in the people’s court.
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170 Case Introduction: Xiong sued that on October 30, 2011, Xiong organized personnel, mechanical equipment, and engineering materials to enter the contracting party’s contracted land for construction.
The first instance court improperly accepted Xiong’s lawsuit against the employer and should reject it.
Among them, the completed price was 26806433 yuan, the winter construction cost was 1221433 yuan, and the claimed loss was 3210844 yuan.
Xiong filed a lawsuit in accordance with the agreement and jurisdictional provisions, which complies with legal provisions.
However, the contractor has not fulfilled its payment obligation, so the lawsuit is submitted to the people’s court for judgment as follows: 1.
When the actual construction party sues the contracting party for a dispute over project debts, it shall be bound by the arbitration clause.
Therefore, it is not inappropriate for Xiong to file a lawsuit with a higher people’s court of a certain province in accordance with the agreement and legal provisions, and the first instance court has jurisdiction over the case.
The first instance court held that this case is a dispute over the actual construction worker Xiong requesting the contractor and the employer to pay the project funds.
[Method analysis] The actual constructor and the contractor agreed on the jurisdiction of the court or did not agree on the jurisdiction, but in the case that the employer and the contractor agreed on the jurisdiction of arbitration in the construction contract of the construction project, the actual constructor filed a lawsuit against the employer in accordance with Article 43 of the judicial interpretation (I) of the Construction Project.
The Supreme Court believes that this case is a construction contract dispute.
Case 1: (2015) Min Yi Zhong Zi No.
The reason why the employer should inform Xiong to apply for arbitration to the Xining Arbitration Commission in accordance with the law cannot be established, and this court will not accept it.
In this regard, we believe that according to Article 43 of the judicial interpretation (I) of Construction Engineering, the actual constructor breaks through the Privity of contract of the contract and claims rights from the employer and the contractor.
There is a direct contractual relationship between Xiong and the contractor, and there is a direct contractual relationship between the contractor and the employer.
The contractor paid 25188710 yuan for the project; 2、 The contractor shall pay a material payment of 177200 yuan; 3、 The employer shall bear joint and several liability for repayment within the scope of unpaid project funds; 4、 The contractor and the employer shall bear all litigation costs in this case.
Due to the agreement signed between Xiong and the contractor, which stipulates that “both parties should negotiate and resolve disputes in cooperation based on the principles of fairness and friendship.
If consultation fails, the dispute can be resolved in the local people’s court where the project is located.” In this case, the project is located in a certain province, and according to relevant regulations on jurisdiction by level, the higher people’s court of a certain province can continue to hear Xiong’s lawsuit against the contractor for construction contract disputes.
The disputes between the contracting party and the actual construction party by the people’s court inevitably involve substantive review of the construction contract between the contracting party and the general contractor.
After the first instance court accepted the case, the employer raised objections to the issue of court supervision, stating that the “Construction Contract for Construction Projects” signed between the employer and the contractor stipulated arbitration clauses.
On November 25, 2013, Xiong settled with the contractor and determined that the total price of the construction project was 31238710 yuan.
However, the contractor did not pay the project payment according to the construction progress, and from April 1, 2012 to August 8, 2012, the contractor only paid 6050000 yuan.
Its construction rights and obligations originate from the construction contract signed between the employer and the contractor, so it should be subject to the jurisdiction agreed in the construction contract of the construction engineering [Analysis rules] The court jurisdiction agreed between the contractor and the actual constructor, The contracting parties have agreed on arbitration jurisdiction.
According to the project quality and progress requirements proposed by the contractor and the employer, as of the end of 2012, Xiong had completed a total of 28027866 yuan in civil engineering projects.
