Serving Judgments to China-based Defendants by Mail? Think Twice
It will impede the enforcement of this judgment in China, says the Ministry of Justice (MOJ). And the MOJ is not bluffing.
China Justice Observer
中司观察
It will impede the enforcement of this judgment in China, says the Ministry of Justice (MOJ). And the MOJ is not bluffing.
On 21 August 2022, China Justice Observer released the 2022 version of the List of China’s Cases on Recognition of Foreign Judgments. To date, we have collected 89 cases involving China and 24 foreign States and regions.
China’s newly amended Civil Procedure Law aims to reduce the caseload and simplify the litigation procedure by, among others, promoting online litigation and supporting mediation.
Academy for the Rule of Law at China University of Political Science and Law
中国政法大学全面依法治国研究院
No, the agreement, at least the part relating to the organizational structure and internal governance matters, may not be arbitrable, says Beijing Second Intermediate People's Court in Tang v. Beijing XX Decoration Technology Company (2019).
German investors benefit from the new Chinese Foreign Investment Law.
The Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong SAR (2020) provides detailed interpretation on reciprocal enforcement of arbitral awards, and further refines the interregional judicial assistance system.
In January 2023, a local Chinese court in Hunan Province issued the first “Community Property Declaration Order” in China. The Community property declaration mechanism may, to some extent, protect the wives’ property rights in the family.
In November 2022, the Customs Tariff Commission of China’s State Council issued the “Announcement on the Ninth Extension of the Exclusion List of the U.S. Products Imposed with Additional Tariffs”.
In December 2022, China’s Supreme People’s Court released six cases on judicial review of arbitration as the 36th batch of guiding cases.
In December 2022, Beijing Fourth Intermediate People’s Court reported its work on foreign court judgment/arbitral awards enforcement cases. Since 2018, the court has accepted 332 cases, with the total amount in controversy reaching more than CNY 5 billion (approx. USD 740 million).
Doing business with a large business trader may be better than directly with a small manufacturer.
Can I sue Chinese companies in Poland and then enforce a Polish judgment in China?
Usually, it takes 4 to 6 months to finish one service. But this period could be shorter or longer depending on the location of the recipient.
Can I sue Chinese companies in Belarus and then enforce a Belarussian judgment in China?
It will impede the enforcement of this judgment in China, says the Ministry of Justice (MOJ). And the MOJ is not bluffing.
As of 2021, Chinese courts have granted 10,917 PPOs. When faced with this new tool against domestic violence, courts are learning how to use PPO best while preventing and solving concurrent problems.
In 2022, the New South Wales Supreme Court of Australia ruled to enforce a judgment of a Shanghai local court, just before the 12-year limitation period expires. It marks the fifth time that an Australian court has recognized and enforced Chinese monetary judgments (Tianjin Yingtong Materials Co. Ltd. v Young [2022] NSWSC 943).
Most Chinese lawyers, especially litigators, traditionally only practice law locally. Online litigation, which has developed rapidly in China within the past five years, offers lawyers the opportunity to practice law remotely at a lower cost.
In 2021, Shenzhen Intermediate People’s Court granted Mr. Liang’s application for personal bankruptcy reorganization, marking the first of its kind in China.
China's Personal Information Protection Law (个人信息保护法), enacted in August 2021, draws the boundaries for Internet platforms conducting automated decision-making through algorithms.
What is the duty lawyer? Who will serve as legal aid personnel? What kind of legal services can be provided? Here’s key questions to be answered to get to know China’s Legal Aid Law.
People’s Assessors Law of the People’s Republic of China was promulgated on 27 Apr. 2018, and entered into force on the same date.
Thu, 02 Feb 2023 China Law in One Minute Meng Yu 余萌
Doing business with a large business trader may be better than directly with a small manufacturer.
Thu, 02 Feb 2023 China Law in One Minute Meng Yu 余萌
Can I sue Chinese companies in Poland and then enforce a Polish judgment in China?
Thu, 02 Feb 2023 China Law in One Minute Meng Yu 余萌
Usually, it takes 4 to 6 months to finish one service. But this period could be shorter or longer depending on the location of the recipient.
Mon, 30 Jan 2023 China Legal Trends CJO Staff Contributors Team
In January 2023, a local Chinese court in Hunan Province issued the first “Community Property Declaration Order” in China. The Community property declaration mechanism may, to some extent, protect the wives’ property rights in the family.
Mon, 30 Jan 2023 China Legal Trends CJO Staff Contributors Team
In November 2022, the Customs Tariff Commission of China’s State Council issued the “Announcement on the Ninth Extension of the Exclusion List of the U.S. Products Imposed with Additional Tariffs”.
Mon, 30 Jan 2023 China Legal Trends CJO Staff Contributors Team
In December 2022, China’s Supreme People’s Court released six cases on judicial review of arbitration as the 36th batch of guiding cases.
Mon, 30 Jan 2023 China Legal Trends CJO Staff Contributors Team
In December 2022, Beijing Fourth Intermediate People’s Court reported its work on foreign court judgment/arbitral awards enforcement cases. Since 2018, the court has accepted 332 cases, with the total amount in controversy reaching more than CNY 5 billion (approx. USD 740 million).
Sun, 29 Jan 2023 Insights Meng Yu 余萌
It will impede the enforcement of this judgment in China, says the Ministry of Justice (MOJ). And the MOJ is not bluffing.
Thu, 26 Jan 2023 China Law in One Minute Meng Yu 余萌
Can I sue Chinese companies in Belarus and then enforce a Belarussian judgment in China?
Thu, 26 Jan 2023 China Law in One Minute Meng Yu 余萌
No. The Ministry of Justice is the only legal authority to receive requests for service of judicial document from abroad.
Thu, 26 Jan 2023 China Law in One Minute Meng Yu 余萌
In China, you can usually only sue the supplier, not the agent.
Tue, 24 Jan 2023 China Legal Trends CJO Staff Contributors Team
In November 2022, China Banking and Insurance Regulatory Commission issued the “Measures for the Comprehensive Regulatory Rating of Foreign Bank Branches” (For Trial Implementation), setting up rules for assessing the operating risks of foreign bank branches.
Mon, 23 Jan 2023 China Legal Trends CJO Staff Contributors Team
In October 2022, China Arbitration Association was registered with the Ministry of Civil Affairs as a social organization, marking its official establishment since being under consideration in 2018.
Mon, 23 Jan 2023 China Legal Trends CJO Staff Contributors Team
In December 2022, CNKI, China’s most prominent academic publisher, was given an administrative penalty, with a fine of 87.6 million yuan(approx. $12.9 million).
Mon, 23 Jan 2023 China Legal Trends CJO Staff Contributors Team
In December 2022, China ratified extradition treaties with four countries, including Armenia, Congo, Kenya, and Uruguay.
Sun, 22 Jan 2023 Insights Guodong Du 杜国栋
As of 2021, Chinese courts have granted 10,917 PPOs. When faced with this new tool against domestic violence, courts are learning how to use PPO best while preventing and solving concurrent problems.
Sat, 21 Jan 2023 China Law in One Minute Meng Yu 余萌
Can I sue Chinese companies in Argentina and then enforce an Argentinian judgment in China?
Thu, 19 Jan 2023 China Legal Trends Meng Yu 余萌
Under the Hague Service Convention, this is how the service of judicial documents issued by the foreign judicial authority works in China.
Thu, 19 Jan 2023 China Law in One Minute Meng Yu 余萌
If your products are counterfeited in China, they will probably be sold on e-commerce websites.
Mon, 16 Jan 2023 China Legal Trends CJO Staff Contributors Team
In December 2022, China’s legislature revised the “Wild Animal Conservation Law”, which was the forth time the law was amended.
