Insights - China Justice Observer

Forum Non Conveniens in China: The Most Stringent Standards Ever?

February 13, 2019
Insights

Chinese courts rarely dismiss a case on forum non conveniens (FNC) ground. Grace Young International Ltd. v. Seoil Agency Co. Ltd. is currently one of the only two cases in which the Chinese courts grant an FNC dismissal.

Lawyer Sending Poison to Judge, TCM Vendor Acquitted | "Tales of the Criminal Courtroom"-1

February 8, 2019
Insights

The “Tales of the Criminal Courtroom” Series is a collection of articles written by J. Wong, a Chinese judge currently serving in the criminal division of a local court. This is the 1st post of the Series.

Documentary Evidence - The King of Evidence in Chinese Civil Litigation

February 7, 2019
Insights

In China’s civil litigation, judges attach the greatest importance to the documentary evidence. The role of witness testimony and physical evidence is almost negligible.

Success in the Chinese Courtroom: Safety and Efficiency, the Interests of Judges

February 3, 2019
Insights

In the Chinese litigation, you are not to defeat the other party, but to win over the judge. You have to stand on the judge's side to focus on his interests: safely and easily closing the case as soon as possible.

Case List of ICC Arbitral Awards in China

January 30, 2019
Insights

We are endeavoring to collect all Chinese court decisions involving the recognition and enforcement of the ICC International Court of Arbitration arbitral awards.

How to Litigate Before the Internet Courts in China?

January 25, 2019
Insights

There are currently three internet courts in China. In this article, the Beijing Internet Court is used as an example to interpret how internet courts in China hear cases.

How Does China’s System of Dishonest Judgment Debtors Operate?

January 24, 2019
Insights

The system of dishonest judgment debtors has become the main means for Chinese courts to enforce civil judgments for 5 years. This system has achieved certain results, but it has also given rise to some problems and raised public concerns.

Similar Judgements for Similar Cases: Forces Driving Chinese Courts to Promote AI

January 19, 2019
Insights

Chinese courts hope to achieve the system of “similar judgments for similar cases” through AI technology, in order to ensure the effective supervision of trial activities.

Litigation Procedures of Chinese courts

January 15, 2019
Insights

A summary of China's civil procedures is listed below based on a time sequence. The specific time frames are underlined for easy reference.

Chinese Court Refuses to Recognize a French Judgment due to Lack of a Return Receipt

January 12, 2019
Insights

On 20 June 2017, a Chinese local court in Chenzhou, ruled against recognition of a French judgment on the ground that the applicant failed to submit a return receipt of the said judgment.

Chinese Court Refuses to Recognize an Israeli Judgment, but It Won’t Exert Further Influence

January 11, 2019
Insights

In June 2017, a court in Fujian Province, China, rendered a judgment against recognition of an Israeli judgment, but we believe that a similar case is very unlikely to happen again in the future. What’ more, we are optimistic that Chinese courts will possibly recognize and enforce the judgment of Israeli courts in the future.

What Is the Difference between Litigation and Arbitration in China?

January 6, 2019
Insights

The most important difference between litigation and arbitration in China is that judges and arbitrators have different ways of thinking.

How Chinese Judges Think

January 4, 2019
Insights

In trial activities, a Chinese judge will consider what kind of legal effect, social effect and political effect that may be incurred by a judgment to determine how to make a judgment.

Why Chinese Courts Put So Much Emphasis on Enforcement of Civil Judgments?

December 29, 2018
Insights

Why should Chinese courts try to resolve the enforcement predicament of civil judgments in two to three years (i.e., 2016-2018)? Justice Zhou Qiang (周强), president of China’s Supreme People’s Court (SPC), explained this in a report on 24 October 2018, and introduced what the Chinese courts did for this.

Chinese Courts Making Efforts to Ascertain and Apply Foreign Law

December 23, 2018
Insights

China's Supreme People's Court (SPC) has been pushing all courts across the country to ascertain and apply foreign law as much as possible in the last three years.

Chinese Courts Preparing for the Bankruptcy Wave Triggered by the China-US Trade War

December 18, 2018
Insights

China-US trade war may bankrupt many Chinese companies, and Chinese courts should get prepared as soon as possible.

China Establishes Three Internet Courts to Try Internet-Related Cases Online

December 16, 2018
Insights

Recently, China has established three Internet courts in Hangzhou, Beijing and Guangzhou. These courts will try Internet-related cases online, all of which are located in the most flourishing and prosperous area in the aspect of China’s Internet industry.

The Practice of Recognizing and Enforcing Foreign Arbitral Awards by Chinese Courts in 2015-2017

December 8, 2018
Insights

An empirical study, conducted by Prof. Liu Jingdong, analyzes China’s progress on recognition and enforcement of foreign arbitral awards since 2015, through a comparison between 81 cases in 2015-2017 and the pre-2015 replies issued by the Supreme People’s Court of China.

Judge Quota System: Tops the List of Concerns Among Judges in China’s Judicial Reform

November 29, 2018
Insights

The judge quota system refers to the system for determining the number of judges in the court. In the judicial reform, the SPC attempts to rationally determine the number of judges in each court in a scientific way and then select the right candidate to serve as a judge.

Hope in Sight：Recognition and Enforcement of Foreign Judgments in China Is No Longer a Dream

November 22, 2018
Insights

China's Supreme People's Court (SPC) is about to issue a significant judicial interpretation, stipulating the recognition and enforcement of foreign judgments in China. Judge Song Jianli (宋建立) (Judge of the SPC’s 4th Civil Division) introduced the content of the judicial interpretation.

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