Prerequisite for Preservation of Evidence
Prerequisite for Preservation of Evidence
The 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 conditions are imposed on the right to file a petition for preservation of evidence to avoid abuse of legal resources. In accordance with the Civil Procedure Law of the People’s Republic of China, a party in arbitration or litigation may file a petition for preservation of evidence which may be destroyed or become difficult to be obtained during the proceedings.
Such a petition may be submitted either at the time of referring to arbitration or filing a lawsuit or during the proceedings of the arbitral tribunal or court tribunal.
In the case of arbitration, such a petition should be submitted to the arbitral tribunal for referral to the court of competent jurisdiction, or directly submitted to the court of competent jurisdiction in case of an emergency.
Robert Zhang 
Steve Li 