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…
Trial supervision in the Chinese legal system Trial supervision is a mechanism in the Chinese legal system that allows mistakes in judgments, decisions, or settlements to be examined and remedied. Whenever a judge finds a mistake in a final judgment, decision, or settlement, they may refer the matter to a judicial commi…
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 the process looks in China courtroomWhen a Chinese people's court hears a civil matter, it must do so publicly unless the case concerns state secrets and personal privacy or is subject to other legal rules. Nonetheless, if a divorce case or a matter involving business secrets is being heard and the parties seek …
Lawsuit Preparation in China Before a court may consider a case in China, various preparations must be made. After obtaining a copy of the plaintiff's complaint, the defendant must respond within fifteen days, including their name, age, profession, and contact information. The court must also provide the plaintiff w…
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…
Mandatory measures of litigation in China The People's Court may adopt the mandatory measures described in the paragraph above to avoid impeding civil litigation. A defendant who has been twice called to court without good cause and fails to show up may be arrested. Participants in a trial should adhere to the regul…
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…