China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Beijing International Commercial Court Issues Guidelines for Application of HCCH 1961 Apostille Convention

Wed, 17 Apr 2024
Categories: China Legal Trends

avatar

 

In order to help parties in better understand how Chinese courts will apply the HCCH 1961 Apostille Convention, the Beijing International Commercial Court (BICC) has prepared the “Understanding and Application Guidelines for the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents” (《取消外国公文书认证要求的公约》理解适用诉讼指引, hereinafter the “Guidelines”).

On 8 Mar. 2023, China acceded to the “Convention Abolishing the Requirement of Legalisation for Foreign Public Documents” (hereinafter the “Convention”), which entered into force for China on 7 Nov. 2023. However, many parties are not familiar with how the courts will apply this Convention, hence the BICC has prepared the Guidelines.

The highlights of the Guidelines are as follows.

  • Apostille applies for contracting states to the Convention, and consular authentication applies for non-contracting states to the Convention.
  • In cases where the authenticity of Apostille certificates provided by parties cannot be confirmed during trials, the matter may be referred to the International Cooperation Department of China’s Supreme People’s Court (SPC).
  • If any treaty concluded between China and other states requires more simplified certification procedures for signatures or seals compared to those in the Convention, such treaty shall prevail. By the same token, if the procedures are more stringent than those in the Convention, the Convention shall prevail.
  • The certificate supports online verification. For details, please log on to the Legalization/Apostille Verification System (https://consular.mfa.gov.cn/VERIFY/)

The BICC is the second local international commercial court established in China and is subordinate to the Beijing Fourth Intermediate People’s Court.

 

Photo by zhang kaiyv on Unsplash

 

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

SPC Regulates Online Judicial Auctions

In November 2024, China’s Supreme People’s Court (SPC) issued new guidelines to regulate online judicial auctions, emphasizing transparency in property disclosures, enhanced mechanisms for judgment debtors to self-dispose of auctioned assets, and improved supervision across all auction stages to protect parties' rights and streamline enforcement procedures.

China’s First Tribunal-Ordered Interim Measure Issued in Beijing

In October 2024, an arbitral tribunal at the Beijing Arbitration Commission (BAC/BIAC) issued an interim measure based on the applicant’s request, which was later confirmed and enforced by the court through a preservation order. This is the first of its kind in China, confirming the validity of tribunal-issued interim measures and highlighting the pro-arbitration stance of Chinese courts.

SPC Releases IP Protection Cases in Seed Industry

In October 2024, China's Supreme People's Court (SPC) released key judicial protection cases to strengthen intellectual property rights in the seed industry, focusing on plant variety and breeding material disputes.

China Defines Rules for Calculating Trademark Infringement Gains

In October 2024, the China National Intellectual Property Administration (CNIPA) and the State Administration for Market Regulation (SAMR) jointly issued the “Measures for Calculating Illegal Business Revenue in Trademark Infringement Cases”, which provide detailed operational guidelines for trademark enforcement authorities to calculate illegal business revenue.

SPC Releases Typical Cases on Tourism Disputes

In September 2024, China's Supreme People's Court (SPC) released five typical tourism dispute cases, including health rights disputes caused by wild monkey attacks in Mount Emei, to guide courts in resolving common tourism conflicts and safeguarding tourists' legitimate rights and interests.

China Regulates Network Data Security

China's newly adopted “Regulation on Network Data Security Management”, effective January 1, 2025, seeks to standardize data processing, strengthen personal information protection, and tackle issues such as data security, risk assessments, and personalized profiling.

Beijing & Shanghai Unveil Low-Altitude Economy Plans

Beijing and Shanghai have announced plans to develop the low-altitude economy, aiming to grow the industry to CNY 100 billion and CNY 50 billion respectively by 2027, with a focus on aerial rescue, logistics, and passenger transport.

SPC Releases Typical Antitrust Cases

In September 2024, China's Supreme People's Court (SPC) published eight typical cases on antitrust and unfair competition, highlighting issues like price-fixing, market dominance abuse, and deceptive practices.