Litigation in China is highly procedural. Unlike some jurisdictions where informal authorizations may suffice at early stages, Chinese courts place significant emphasis on formal representation. For foreign individuals involved in civil litigation in China, the ability to participate in proceedings almost always depends on one document: a properly executed Power of Attorney (POA).

For overseas litigants and referring counsel, the key issue is not whether a POA is required, but how to execute one that Chinese courts will recognize without procedural risk or delay.

This article focuses exclusively on litigation-related powers of attorney and explains the most practical and reliable authorization routes available to foreign individuals, with particular attention to China-based and online notarization solutions.

Why a Proper Power of Attorney Is Essential in Chinese Litigation

Chinese courts require parties to either appear in person or act through a duly authorized representative. For foreign individuals, personal attendance is often impractical, especially in multi-stage proceedings involving appeals or enforcement.

A litigation POA in China is not a mere formality. It determines:

• Whether the lawyer may act at all
• Which procedural rights the lawyer may exercise
• Whether actions such as settlement, appeal, or waiver of claims are legally valid

An improperly executed POA can result in rejected filings, suspended proceedings, or challenges to representation at later stages of the case.

Appointment of Counsel: PRC Lawyers Only

Only lawyers licensed in mainland China are permitted to appear before Chinese courts and act as litigation counsel.

Foreign lawyers may provide background support, strategic input, or client coordination, but they cannot act as counsel of record. As a result, a valid POA authorizing a PRC-licensed lawyer is mandatory for:

• Filing a lawsuit or responding to a claim
• Participating in hearings
• Appealing judgments
• Entering enforcement proceedings

Limited Circumstances Where Notarization Is Not Required

Chinese law does recognize a small number of situations in which notarization of a litigation POA is not required, such as:

• The foreign individual signs the POA in the presence of a Chinese judge
• The foreign individual is physically present in China and submits the POA directly to the court

In practice, these scenarios are narrow and often unsuitable for overseas litigants. They may not cover subsequent stages of litigation and are difficult to rely on when the client is abroad.

For this reason, notarization remains the standard and safest approach in foreign-related litigation.

The Preferred and Most Practical Route: Notarization in China

Why Chinese Courts Prefer China-Notarized POAs

A POA notarized by a Chinese notary public provides a level of certainty that courts rely on heavily. It confirms:

• The identity of the foreign litigant
• The voluntariness of the authorization
• The legal validity of the document

China-notarized POAs significantly reduce the risk of disputes over representation, particularly in appeals, retrials, or enforcement proceedings.

Who Can Use Chinese Notarial Services

Chinese notarial services may be available to foreign individuals who:

• Are physically present in China, or
• Have previously entered China and can pass identity verification, or
• Are eligible for remote video notarization through approved procedures

This flexibility allows many overseas litigants to complete authorization without returning to China.

Scope of Authority in a Litigation POA

Chinese courts require explicit authorization for certain procedural actions, including:

• Admitting or waiving claims
• Reaching settlements
• Filing counterclaims
• Initiating appeals

Case-specific POAs are strongly preferred. A properly drafted litigation POA may cover first-instance proceedings, second-instance proceedings, and enforcement, without the need for repeated notarization.

Language and Format Considerations

• Chinese-language POAs are the default and most widely accepted
• Bilingual POAs may be used where appropriate
• Foreign-language-only POAs must be translated into Chinese and are subject to stricter review

Using a POA structured specifically for Chinese litigation practice greatly reduces the risk of rejection or procedural delay.

Online Notarization and Video Witnessing: A Key Option for Overseas Litigants

Legal Basis for Online Video Notarization

Chinese courts and notarial authorities now permit online notarization and video witnessing in cross-border litigation matters, provided identity verification requirements are met. This framework is particularly relevant for foreign individuals who cannot travel to China.

How Online Litigation POA Notarization Works

In practice, online notarization typically involves:

• Remote identity verification
• Video signing before a Chinese notary
• Notarization of the POA and, where necessary, supporting identity documents

This process enables foreign litigants to complete litigation authorization entirely remotely.

Practical Advantages

Online notarization avoids the need to visit local notaries or Chinese embassies abroad and is often preferred in:

• Urgent filings
• Appeals with statutory deadlines
• Enforcement proceedings requiring timely action

For overseas lawyers referring cases to China, this route offers a predictable and efficient authorization solution.

Duration and Reuse of a Litigation Power of Attorney

A litigation POA notarized for a specific case may generally be reused for appeals, retrial, and enforcement, provided the scope of authorization remains unchanged.

Courts increasingly scrutinize overly broad or blanket authorizations, making carefully drafted, case-specific POAs the preferred approach.

Practical Issues That Commonly Cause Delays

Common issues that delay case filing include:

• Missing special authorization clauses
• Inconsistent identity information
• Improper signature ink
• Translation discrepancies between documents

These issues are minor in appearance but can have significant procedural consequences.

Conclusion: Choosing the Right Authorization Path from the Start

For foreign individuals involved in litigation in China, the Power of Attorney is a procedural cornerstone, not a routine document. Selecting the appropriate authorization route at the outset can determine whether a case proceeds smoothly or encounters avoidable obstacles.

Where available, China-based notarization and online video notarization provide the most practical balance of legal certainty, efficiency, and court acceptance.

Truewords supports foreign litigants and overseas referring counsel by coordinating litigation-ready powers of attorney, arranging online notarization in China, and assisting with identity verification and document compliance—enabling foreign parties to participate in Chinese court proceedings remotely and effectively.