Apart from pleadings and evidence, foreign companies in Chinese courts need to complete a series of formalities, which can sometimes be somewhat cumbersome. Therefore, it is necessary to spare sufficient time (and costs) to get ready.
Litigation in China
Under China’s People's Assessors Law, the assessors in a seven-person collegial bench can only participate in the fact-finding, but not the application of law. The newly issued replies from the SPC and MOJ clarify how the collegial bench shall produce a list of issues on the fact-finding, so as to sure the proper distinction between legal matters and factual matters.
You need to identify the address of the person or business you want to sue when preparing and filing a complaint before Chinese courts.
You need to know whom you can sue and then identify its legal name in Chinese.
Before his/her death, he/she can specify in the will who inherits his/her house and other heritage. If the person has no will, his/her children, spouse, parents, siblings, paternal grandparents, and maternal grandparents may inherit this house and other heritage.
YES, but you need to hire a Chinese lawyer to file a lawsuit with Chinese courts on your behalf.
Certainly YES. As long as the Chinese court has jurisdiction over the case in question, foreigners or foreign enterprises, like any other Chinese litigant, can file a lawsuit with Chinese courts.
Driven by China's cultural tradition and judicial practice, it is common to see the de facto 6-month cooling-off period in litigation, which may be reinforced by the 'cooling-off period for mutual consented divorce' in the Civil Code.
China's exports increased dramatically amid the COVID-19 pandemic, with cross-border e-commerce thriving faster than ever and disputes increasing accordingly.