Admissibility of Documents as Evidence in International Arbitration in China

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 the original. A copy, duplicate, or excerpt of a document filed with a government authority has the same probative force as the original if the copy, duplicate, or excerpt is certified by the archives agency or the entity preparing the original to be consistent in content with the original.
An official document issued in a foreign country must be certified by a notary office of that country or in accordance with the certification procedures stipulated in the applicable treaties concluded between the PRC and that country. Evidence relating to identity relations that is formed in a foreign country must be certified by a notary office of that country and authenticated by the PRC embassy or consulate in that country in accordance with the certification procedures stipulated in the applicable treaties concluded between the PRC and that country. Evidence formed in Hong Kong, Macao, or Taiwan shall also be certified in accordance with the applicable certification procedures. Documents or descriptive materials in foreign languages must be accompanied by their translated Chinese versions in court proceedings, such as in enforcement procedure.
If the document used as evidence is a non-official document, the party who claims the fact to be proved by the document shall bear the burden to prove its authenticity. A non-official document is construed to be authentic if it is signed, sealed, or fingerprinted by the preparer or his agent. If there is any deletion, alteration, addition, or other facial defects in a non-official document, its probative force will be determined comprehensively considering the specific circumstances of the case.
 

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Robert Zhang

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

Steve Li

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

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