Posts under category Insights

How Does the Chinese Court Decide Which Judge Will Hear Your Case?

• June 16, 2019
• Insights

For a long time, Chinese courts have assigned cases to judges by their own dedicated personnel. Now, Chinese courts are trying to replace the traditional practice with a random case assignment mechanism.

Why Chinese Judges Don’t Trust the Witnesses and Parties in Civil Litigation?

• June 14, 2019
• Insights

False testimonies of witnesses and false statements of the parties are very common in Chinese civil litigation, which generally undermines the trust of judges in what witnesses and the parties say.

Chinese Judges’ Hands Tied on Perjury in Civil Litigation

• June 8, 2019
• Insights

Perjury is very common in China's civil litigation, and yet it is difficult for judges to punish perjurers, which consequently affects the judges' way of thinking in the fact-finding.

What Will China’s Supreme People's Court Do to Promote Recognition and Enforcement of Foreign Judgments?

• June 3, 2019
• Insights

Judges of China’s Supreme People’s Court (SPC) discussed how China could promote international cooperation in the future in recognition and enforcement of foreign judgments.

Late-night Call from a Judge: How Chinese Courts Deal with Litigation Explosion

• May 27, 2019
• Insights

Chinese judges work overtime to deal with the litigation explosion, which might render litigation less competitive than arbitration in China.

Who Can Serve as Judges in China?

• May 24, 2019
• Insights

Law graduates, public civil servants, staff members of the Communist Party of China (CPC) and veterans are the main sources of candidates for judges in China.

Magnificent Four-level Pyramid - China's Court System

• May 18, 2019
• Insights

The post depicts the latest structure of China court hierarchy in 2019.

What If You Don't Want to File an Arbitration Application at HKIAC?

• May 12, 2019
• Insights

Many US Dollar funds investing in China and their investees find that the HKIAC is not the best institution to resolve disputes.

Stimulating the Judge's Sense of Justice to Increase the Chances of Winning in China: Success in the Chinese Courtroom

• May 5, 2019
• Insights

Many Chinese judges and arbitrators have shown a sense of justice and compassion, and they consciously or unconsciously want to find out who is more reasonable.

How Chinese Judges Deal with Foreign Litigants Who Don’t Understand Chinese?

• May 4, 2019
• Insights

Foreign litigants are not allowed to use foreign languages in Chinese courts, but can request the court to provide an interpreter and/or a translator to translate their language into Chinese.

Thanks to Audio/Video Recording, "Sloths" May No Longer Needed in China's Courts

• April 28, 2019
• Insights

In a Chinese court, a lawyer is speaking at a speed ten times slower than normal. Why?

8 Minutes to Get a Complete Picture of Chinese Arbitration in 2018

• April 25, 2019
• Insights

How big is the arbitration market in China? What will happen in the future？

How to Start the Recognition and Enforcement of Court Judgments between China and Japan?

• April 17, 2019
• Insights

We believe that China’s Supreme People's Court (SPC) has a strong desire to break the deadlock between China and Japan arising out of the mutual refusal to recognize and enforce each other’s court judgments.

Chinese Court First Recognizes a South Korean Judgment: Another Sign of Door Open for Foreign Judgments

• April 16, 2019
• Insights

A court in Qingdao, China, ruled in March 2019 to recognize and enforce a South Korean judgment, which is the first time that a Chinese court has recognized and enforced a South Korean monetary judgment.

Don't Forget the People's Procuratorate When Resorting to China's Judicial System

• April 10, 2019
• Insights

If you want to safeguard your own rights and interests through China's judicial system, besides the people's court, you may also consider the People's Procuratorate.

Use of Gene-editing Tools: What Would Chinese Courts Say?

• April 8, 2019
• Insights

We have collected Chinese courts' opinions on certain cases involving human assisted reproduction.

Can I resolve cross-border online shopping disputes through the Chinese Internet Court?

• April 6, 2019
• Insights

If I purchase goods from China through a cross-border e-commerce platform, and I have a dispute with a Chinese in this process, I can kick start the lawsuit with a computer at home with the Chinese Internet Court by myself. Can this scenario be a reality now?

Two Chinese Courts Refuse to Recognize Forged Italian Judgments

• April 6, 2019
• Insights

In 2014 and 2015, two Chinese courts respectively refused to recognize three Italian judgments, because Chinese courts found, after checking with the Italian court, that the judgments are forged.

No, You Can't Ignore Responses of China’s Supreme People’s Court

• March 29, 2019
• Insights

The Supreme People's Court (SPC) of China makes a number of responses to guide local courts in making decisions for the recognition and enforcement of foreign arbitral awards in specific cases. Are these responses binding on for a court when deciding subsequent cases?

Case Files Show Another Side of Chinese Litigation

• March 26, 2019
• Insights

In the hierarchical structure of Chinese courts, the courts manage cases and supervise judges by making and transferring case files. Therefore, case files show the most real aspect of Chinese litigation.

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