With the rise of globalization, some foreign individuals and businesses are facing legal disputes in China, requiring legal action to resolve these issues. Legal systems differ across countries, so foreigners must understand the relevant legal procedures and requirements when filing a lawsuit in China. This guide will provide you with essential information to help navigate the litigation process effectively.

1. Determining Jurisdiction

The first step in filing a lawsuit in China is to determine which court has jurisdiction over the case. Jurisdiction is generally determined by the following factors:

• • Defendant’s Location: Lawsuits are typically filed in the court where the defendant is domiciled.
• • Location of Contract Performance: If the dispute arises from a contract, the court in the location where the contract is performed may have jurisdiction.
• • Choice of Forum Clause: If the contract includes a forum selection clause, Chinese courts will generally honor it, provided it complies with Chinese law.

For commercial disputes, intermediate people’s courts or specialized courts, such as intellectual property courts, may handle the case.

2. Preparing the Complaint

The complaint is a critical document in litigation and must be accurate and complete. It should include:

• • Parties’ Information: The names, addresses, and legal representatives of both the plaintiff and defendant.
• • Facts of the Case: A detailed description of the events leading to the dispute.
• • Legal Basis: Specific laws or regulations that support your claims.
• • Relief Sought: Clearly state the damages or remedies you are requesting.

Additionally, foreign companies must submit translated documents in Chinese, and these translations must be done in China, as the courts do not generally accept foreign translations.

• • Legal Representation: Foreign parties usually need to appoint a licensed Chinese lawyer to represent them in court. A power of attorney must be notarized, and if signed outside of China, it must undergo Hague Apostille or consular legalization. Some notaries in China offer remote video notarization, making the process easier for foreign clients.

3. Submitting Materials and Evidence

When submitting materials, several common documents must also be prepared:

• • Documentary Evidence: Contracts, emails, invoices, and other relevant materials.
• • Power of Attorney: Foreign litigants need a notarized power of attorney to appoint a Chinese lawyer. Some notaries in China offer remote video notarization services.
• • Complaint: A Chinese-language version of the complaint is required. Some courts may require notarization and certification for complaints submitted from abroad.
• • Identity and Legal Status Proof: Including business registration certificates, operating licenses, or personal identification documents.
• • Preservation of Assets, Refund Account Confirmation, and Service Address Confirmation: These may be required depending on the specifics of the case.

4. Filing the Lawsuit

Once the complaint and all supporting documents are ready, they need to be submitted to the appropriate court. The court will review the filing to ensure that it meets procedural requirements. If accepted, the court will officially docket the case and notify the defendant.

5. Court Proceedings

The typical court procedure in China includes:

• • Mediation: Courts usually encourage mediation before proceeding to trial. If mediation fails, the case will proceed to trial.
• • Trial: Chinese courts generally conduct bench trials (no jury). The process involves presenting evidence, cross-examining witnesses, and making arguments.
• • Judgment: After the trial, the court issues a written judgment, which will be made public within a specific time frame.

6. Enforcement of Judgments

Winning a lawsuit is just part of the process. The next step is enforcing the judgment:

• • Application for Enforcement: If the defendant does not comply with the judgment, the plaintiff can apply to the court for enforcement.
• • Asset Seizure: Chinese courts can freeze and seize assets to satisfy the judgment.

Notarization and Authentication Before Litigation

When foreigners file a lawsuit in China, notarization and authentication procedures are often crucial steps before litigation. The purpose of notarization and authentication is to ensure the authenticity and legality of evidence and documents. Particularly for documents originating from abroad, they must undergo the appropriate notarization and authentication processes.

1. Basic Concepts and Process of Notarization and Authentication

For foreign documents to be used in China, they must undergo the appropriate notarization and authentication procedures:

• • Notarization: The process by which the issuing authority or notary confirms the authenticity and legality of a document or fact.
• • Hague Apostille: Applies to documents between countries that are members of the Hague Convention. Once notarized, these documents only need to go through one authentication process to be accepted in the other country.
• • Double Authentication: Applies to countries that are not members of the Hague Convention. After notarization, documents must be authenticated by the foreign ministry and then by the relevant Chinese consulate.

2. Our Notarization and Authentication Services

We specialize in handling notarization and authentication services within China, including:

• • Notarized Translations: Confirming that translated documents are consistent with the original.
• • Remote Video Notarization for Power of Attorney: Foreign clients need to have a notarized power of attorney to appoint a Chinese lawyer. We offer remote video notarization for power of attorney documents, simplifying the process for clients outside of China.

Services Not Included:
We do not handle foreign notarizations, Hague Apostille, or consular authentication by Chinese embassies abroad.

3. Helpful Reminders

• • This guide is for reference only. Specific legal procedures should follow the requirements of the Chinese courts and legal professionals.
• • Before proceeding with litigation, we recommend consulting with an experienced Chinese lawyer to ensure your legal rights are fully protected.