【裁判要旨】依照我国民事诉讼法及其解释的规定,法人依法设立并领取营业执照的分支机构不仅可以作为民事诉讼的当事人,而且以其自己名义对外签订合同.该合同内容特别是独立于合同效力之外的双方协议管辖条款对其亦具有约束力。人民法院在认定协议管辖条款有效的情形下,可以依据分支机构的住所地确定案件管辖权,而无须按照法人的住所地确定案件管辖权。 According to China’s Civil Procedure Law and its interpretation of the provisions of the legal establishment of legally set up and receive business licenses of the branch not only as a litigant in civil proceedings, but also in its own name signed a contract with the foreign contract content, especially independent of the contract It is also binding on the terms of the mutual agreement between parties other than the validity of the agreement. Where the jurisdiction of the agreement is valid, the people’s court may determine the jurisdiction of the case on the basis of the place of residence of the branch without the need to determine the jurisdiction of the case on the basis of the domicile of the legal person.