Special Provisions On Foreign-related Civil And Commercial Cases
With the deepening of China's reform and opening up
, economic intercourse with foreigners are increasingly frequent; however, conflicts and disputes involved in foreign trade are also increasing gradually. This article aims to introduce some special provisions in Chinese laws when administer and handle foreign-related civil and commercial cases, in order to help the foreign parties to successfully register in China, and protect their legitimate rights and interests according to Chinese law.1.Provisions on administration
According to The Supreme People's Court's Provisions on Litigation and Jurisdiction in Foreign-related Civil and Commercial Case: "the first instance of foreign-related civil and commercial case is administered by the following People's Court: 1. the People's Court of the economic and technological development zone approved by the State Council; 2. the Intermediate People's Court in the capital of provinces, autonomous regions and municipality; 3. the Intermediate People's Court in special economic zones and cities specifically designated in the state plan; 4. other Intermediate People's Courts appointed by the Supreme People's Court; 5. Superior People's Court. The jurisdiction scopes of the above intermediate people's court are regulated by the Supreme People's Court."1
The cases which are applicable to this regulation include: "1. foreign-related contracts and infringement disputes; 2. L/C disputes; 3. cases applying for cancellation, admission and enforcement of the international arbitration; 4. cases reviewing relevant foreign-related civil and commercial arbitration clause; 5. cases applying for recognition and enforcement of the judgment and adjudication from foreign court." 2
2.Provisions on the submitted judicial documents and evidence materials
The plaintiff should submit indictment and relevant evidences, and submit enough copies according to the numbers of the dependents when file a lawsuit to the court. The indictment must be signed by the plaintiff, if the plaintiff is the legal representative or other organizations, the official seal is also necessary. In addition, if the referred plaintiff is a foreigner, stateless person, a foreign enterprise or organization, he must entrust a Chinese lawyer to litigate when suit to the People's Court. A foreign lawyer cannot be the client as the identity of lawyer.
The Chinese people, stateless person, foreign enterprise and organization without residence in the territory of PRC can entrust Chinese lawyers or other people to litigate. The Power of Attorney beyond the territory of the People's Republic of China should be notarized via the home notary organ, and certificated by the Embassy of the People's Republic of China in that country, or via the certification regulated in relevant treaty concluded between that country and PRC. If that country has no diplomatic relations with PRC, the Power of Attorney shall be authorized via its home notary organ first, later certificated by a third country's embassy agrees to charge the affairs for PRC, and then approved by our country's diplomatic missions.
In addition, if the evidences submitted by the persons involved in foreign-related cases are collected outside the territory of PRC, they must be notarized by the home notary organ and then submitted to the court as the evidences. If the submitted evidence materials are not written in Chinese, they must be translated through translation organization appointed by the high court accepting the case.
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1. Article 1 in The Supreme People's Court's Provisions on Litigation and Jurisdiction in Foreign-related Civil and Commercial Case
2. Article 3 in The Supreme People's Court's Provisions on Litigation and Jurisdiction in Foreign-related Civil and Commercial Case
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