As a general rule in international arbitration, the arbitral tribunal should make an award based on the majority opinion of the arbitrators. The Arbitration Law of the People’s Republic of China stipulates that an arbitral tribunal shall consist of a sole arbitrator or three arbitrators. Therefore, an award shall be ba…
The Process for the Second Instance in the litigation If a party is unsatisfied with the result of a first-instance local people's court, they have the right to appeal to a higher people's court within fifteen days of obtaining the judgment. If a party is unsatisfied with the verdict of a local people's cour…
How to Start Legal Proceeding to Sue in China The Chinese Civil Process Law outlines the legal procedure for filing and accepting a lawsuit. A plaintiff must have a direct stake in the matter, name a particular defendant, and present clear facts and grounds for their claim to launch a lawsuit. The case must also fall wi…
Preliminary injunctionThe legal principles of " (preliminary injunction) and " (enforcement before judgment) are crucial instruments that Chinese courts utilize to guarantee the effective execution of court orders and to safeguard the legitimate rights and interests of parties engaged in a dispute.According to…
Evidence as a core part of China's judicial action The Chinese Civil Procedure Law specifies numerous categories of evidence that may be used to ascertain facts in a case, such as statements from the parties concerned, written documents, physical evidence, audiovisual materials, electronic data, witness testimony, e…
Litigation Agents in ChinaIn China, when a person lacks litigation capacity, their legal guardian can represent them in court. If legal guardians refuse to take responsibility, the court may appoint one of them as the litigation agent. However, a party or legal guardian can appoint one or two individuals as litigation a…