Rendering an Award Based on Majority Opinion

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 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

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 courtroom

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

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

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

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 injunction

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…
     
<1... 24252627...29>
Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…
Hot Articles
Rules Pertaining to the Jurisdiction of International Civil and Commercial Cases
Supreme People's Court's Rules Pertaining to the Juri…
Do I Need to Adduce Evidence for All My Claims
Do I Need to Adduce Evidence for All My ClaimsIt is a basic p…
Prerequisite for Preservation of Evidence
Prerequisite for Preservation of EvidenceThe purpose of prese…
Civil Code: Basic Provisions
Civil Code: Basic Provisions(These clauses are selected from …
Order for Preservation of Evidence
Order for Preservation of Evidence An order for preservation …
Civil Code: Creation of an Adoptive Relationship
Civil Code: Creation of an Adoptive Relationship(These clause…

ABOUT AUTHOR

We are a group of China local lawyers from a few law firms
Email: elitelawyers@outlook.com
My blog: http://www.shanghailawyer.xyz