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Can Foreign Judicial Documents Be Served by E-mail/Fax to Litigants in China?| Service of Process and Foreign Judgment Enforcement Series (1)-CTD 101 Series

Thu, 16 Mar 2023
Contributors: Meng Yu 余萌
Editor: C. J. Observer

The answer is NO.

This post was first published in CJO GLOBAL, which is committed to providing consulting services in China-related cross-border trade risk management and debt collection. We will explain how debt collection works in China below.

In accordance with PRC Civil Procedure Law, foreign judicial organs or individuals cannot directly serve documents to the litigants in China.

The correct approach is to submit the request for service to the Ministry of Justice or the Ministry of Foreign Affairs through the channels stipulated in the treaty (e.g., Hague Service Convention, bilateral judicial assistance treaties) or diplomatic channels, and Chinese courts will serve the documents. China opposes service by mail, by e-mail or by fax, within its territory.

Source: Ministry of Justice of the People’s Republic of China, Frequently Asked Questions and Answers on International Judicial Assistance in Civil and Commercial Matters (国际民商事司法协助常见问题解答), 24 June 2022.



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Photo by Lison Zhao on Unsplash

Contributors: Meng Yu 余萌

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