Sat, 26 Oct 2024 Insights Meng Yu 余萌
The 1961 Apostille Convention, effective in China as of November 2023, simplifies the authentication of foreign documents for use in Chinese courts by replacing traditional consular legalization with apostille. Note that authentication is only required for certain types of documents under Chinese law, and the apostille process applies only when the 1961 Convention is relevant.
Fri, 05 Apr 2024 Insights Meng Yu 余萌
The 2023 Civil Procedure Law introduces systematic regulations to enhance the recognition and enforcement of foreign judgments, promoting transparency, standardization, and procedural justice, while adopting a hybrid approach for determining indirect jurisdiction and introducing a reconsideration procedure as a legal remedy.
Tue, 26 Mar 2024 Insights Meng Yu 余萌
The 2023 Civil Procedure Law introduces a systematic framework for taking of evidence abroad, addressing longstanding challenges in civil and commercial litigation, while also embracing innovative methods like using instant messaging devices, thereby enhancing efficiency and adaptability in legal procedures.
Thu, 21 Mar 2024 Insights Meng Yu 余萌
The 2023 Civil Procedure Law adopts a problem-oriented approach, addressing difficulties in the service of process for foreign-related cases by expanding channels and shortening the service by publication period to 60 days for non-domiciled parties, reflecting a broader initiative to enhance efficiency and adapt legal procedures to the complexities of international litigation.
Fri, 15 Mar 2024 Insights Meng Yu 余萌
The insights from Chinese Supreme Court Justices on the 2023 Civil Procedure Law Amendment highlight significant modifications to international civil procedure rules, including expanded jurisdiction of Chinese courts, enhancements in consensual jurisdiction, and coordination of international jurisdictional conflicts.
Sun, 03 Dec 2023 Insights Meng Yu 余萌
The Fifth Amendment (2023) to the PRC Civil Procedure Law has opened a new chapter on international civil jurisdiction rules in China, covering four types of jurisdictional grounds, parallel proceedings, lis alibi pendens, and forum non conveniens. This post focuses on how conflicts of jurisdiction are resolved through mechanisms such as lis alibi pendens, and forum non conveniens.
Sun, 26 Nov 2023 Insights Meng Yu 余萌
The Fifth Amendment (2023) to the PRC Civil Procedure Law has opened a new chapter on international civil jurisdiction rules in China, covering four types of jurisdictional grounds, parallel proceedings, lis alibi pendens, and forum non conveniens. This post focuses on the four types of jurisdictional grounds, namely special jurisdiction, jurisdiction by agreement, jurisdiction by submission, and exclusive jurisdiction.
Sun, 05 Nov 2023 Insights Meng Yu 余萌
The Fifth Amendment (2023) to the PRC Civil Procedure Law introduced the long-awaited rule on refusal grounds of recognition and enforcement. This time, the four new articles provide the missing piece of the framework for the recognition and enforcement of foreign judgments in China.
Mon, 31 Oct 2022 China Legal Trends CJO Staff Contributors Team
In September 2022, China's Supreme People's Court issued a final jurisdictional ruling on the Nokia v OPPO case and rejected Nokia's appeal.
Fri, 21 Feb 2020 Insights Guodong Du 杜国栋
No, but people's assessors exist in China, who, together with judges, will form a collegial panel to hear cases in specific circumstances.