Agents or representatives in international arbitration in China


Either a claimant or a respondent has the right to represented by agents or representatives in international arbitration in China.
The law of the PRC does not contain restrictions on the nationalities or identities of such agents or representatives. Therefore, they can be either Chinese or foreign citizens, attorneys, experts, professionals, or other individuals.
The law does not limit the number of such agents or representatives. But according to different arbitration rules, the maximum number is restricted to 5 to 8.
Despite the above, the author recommends that the parties in international arbitration in China engage a lawyer or two lawyers to represent them in the proceedings because:
  1. Other legal procedures involving competent courts are necessary in the process of arbitration. For example, it is sometimes necessary to file a petition for preservation of property or evidence before or during the arbitration proceedings, or to file a petition for enforcement after an award is made. In such cases, professional knowledge of the law of the PRC and practical experience is extremely important.
  2. Lawyer’s license is required for performing certain acts. For example, certificates of a legal entity or ID form of an individual may be obtained through legal channels only by registered lawyers upon production of a power of attorney, lawyer’s license, law firm’s letter, etc.;
  3. The parties must be represented by Chinese lawyers in certain legal procedures according to the applicable laws, and many formalities, proceedings, and procedures require the assistance of lawyers and their professional knowledge.
Therefore, the author strongly recommends that the parties involved in international arbitration in China engage Chinese lawyers as their representatives.

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…

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We are a group of China local lawyers from a few law firms
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