According to Article 93 of the Chinese Civil Procedure Code, the court might undertake voluntary mediation to explain the facts of the case. The court can ask relevant persons and organizations to help in mediation. The mediation agreement must be voluntary and not contradict any legislative rules. If a mediation agreem…
The legal concept of "delivery" in civil procedural law of China In China, the legal notion of "delivery" refers to the necessity of transmitting legal papers to the designated receiver. In this sense, the phrase refers to the legal requirement to deliver legal papers with a delivery receipt specifyi…
The notion of "recusal” under China procedural law The notion of "recusal" is known as "Huibi" in Chinese law. It refers to withdrawing judges and other court officials from a case owing to suspected conflicts of interest or prejudice. The Chinese Code of Civil Procedure states that a judge mus…
An official document issued by a governmental authority of the PRC is presumed to be true unless there is sufficient evidence to the contrary. A copy of an official document that is produced based on the original document and contains all or part of the contents of the original document has the same probative force as t…
Jurisdiction of International Arbitration Commissions in ChinaIn addition to arbitrable disputes between entities and/or individuals from mainland China, the international arbitration commissions in China also have jurisdiction over the arbitrable disputes between entities and/or individuals from China, a foreign countr…
In accordance with the Arbitration Law of the People’s Republic of China and other applicable provisions, an arbitration proceeding shall be held in camera unless:a. both the claimant and the defendant agree and the arbitral tribunal approve that the proceeding be held in public; andb. no state secrets are involved in …
Resolution of Economic Disputes: Labor Contract LawI. Concept and Characteristics of Labor ContractsA labor contract is a written agreement between an employee and an employer to establish an employment relationship in accordance with the law and define their rights and obligations. Characteristics of labor contract:(1)…
Resolution of Economic Disputes: litigationV. Enforcement ProcedureThe enforcement procedure is a procedure for the people's court to force the obligor to perform their obligations under a decree, an order, or any other legal document that has legally taken effect. The parties must comply with the decree, order, con…
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Steve Li 