Supreme People's Court's Rules Pertaining to the Jurisdiction of International Civil and Commercial Cases Fa Shi [2022] No. 18 November 14, 2022 (Adopted at the 1872nd Session of the Supreme People's Court Judicial Committee on August 16, 2022 and taking effect on January 1, 2023) These Rules are formulated…
Do I Need to Adduce Evidence for All My ClaimsIt is a basic principle in law that each party shall produce evidence in support of their claims. That means you bear the burden of proof for any of your assertions or statements. But in practice, it is infeasible or even impossible for you to prove a fact you claim.For exam…
Prerequisite for Preservation of EvidenceThe purpose of preservation of evidence is to perpetuate the evidence which may be required for ascertaining the facts of a case to safeguard the legitimate rights and interests of the parties in legal proceedings, whether in arbitration or in litigation.Therefore, certain condit…
Civil Code: Basic Provisions(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless authorized by the auth…
Order for Preservation of Evidence An order for preservation of evidence should be made and executed by the court of competent jurisdiction rather than the arbitral tribunal or arbitration commission, as the latter does not have the judicial power.In international arbitration in China, a party requesting preservation of…
Civil Code: Creation of an Adoptive Relationship(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless au…
Separationdue to incompatibility is one of the major grounds for a couple to file fordivorce and for a court to grant a divorce. In China, the legal basis for adivorce is as follows: Article1079 of the Civil Code states:Eitherspouse intending to divorce may apply for mediation before a competent entityor directly file a…
Mutatis Mutandis ApplicationExcept for the prerequisite and referral process, other procedures for preservation of evidence shall be governed, mutatis mutandis, by the provisions of Chapter IX of the Civil Procedure Law regarding preservation of property.For such other provisions, please read the other articles under th…