Chinese courts can serve you with the court papers by electronic means, such as e-mail, as long as you have so agreed and it is not prohibited by your country.
This open access book aims to provide an initial but comprehensive roadmap for the Chinese civil litigation system. It starts with some basic concepts of the Chinese judicial system (e.g., court system, case numbering, hierarchical trial system, etc.) and runs through the entire process and most aspects of civil litigation cases (e.g., jurisdiction, service of process, rules of evidence, enforcement, representative actions, etc.).
Generally speaking, a party may appeal only once, and the second-instance decision is final.
No, as long as it is accurate and credible.
No. According to The Hague Service Convention, the legalization or notarization of the judicial documents transferred between the Central Authorities is not necessary.
The limitation period is the period within which you may request a Chinese court or arbitral tribunal to protect your rights in personam.
No. After the documents are received, they will be registered with a number, and then processed.
Under the Hague Service Convention, this is how the service of judicial documents issued by the foreign judicial authority works in China.
The recording of your conversation, though recorded without your permission, may well be submitted as evidence in Chinese courts. This may be quite different from the rules of evidence in some other countries.
Email is the main communication tool in cross-border transactions. It is common, for instance, for many international trade contracts to be concluded, modified, performed or terminated directly by emails.
In China, court fees and attorney fees depend on the amount of your claim. But some fees are fixed, namely the cost of notarization and authentication of some documents in your country.
The party presenting evidence shall pay the translation fee first, and then the losing party shall bear it.
The ‘foreign official documents’ here refer to official documents formed outside the territory of China.
Ten Q&As on China’s civil litigation in one minute
In international trades, many traders do not always use formal contracts when doing business in China. Instead, they use simple purchase orders (POs) and proforma invoices (PIs), which do not cover all the details of the transaction.
When people talk about the need to find a Chinese lawyer, what he actually needs is a network of Chinese lawyers.
Still undecided whether to bring a lawsuit in China?
International business partners are getting increasingly accustomed to using WhatsApp or WeChat to reach an agreement, send orders, modify transaction conditions and confirm performance.
When you decide to sue a Chinese company, where will you file the lawsuit? China or your own country, provided that both have jurisdiction over your case?
You’d better not turn your back on your deals with Chinese suppliers. You shall terminate your contract in accordance with reasonable procedures.