Chinese courts are studying how to protect the parties’ trade secrets from disclosure during litigation.
Civil Procedure Law of the People's Republic of China
How do Chinese courts determine the types of disputes, i.e., the causes of action("案由"), in civil cases? What can we know from the causes of action?
In China, service of process not only occupies a significant number of resources of the courts, but also delays the progress in case hearing. Why?
In most cases, Chinese courts do not support the defendant's motion to dismiss on FNC grounds, but tend to exercise jurisdiction over relevant cases. The case of Singapore Chi Cheng Pte. Ltd. et al. v. SinCo Technologies Pte. Ltd. is a classic example of the judicial practice in China.
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.
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.