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 …
The Law of Choice of Law Applicable in International Civil Relations of the People's Republic of ChinaAdopted at the 17th Session of the 11th National People's Congress Standing Committee on October 28, 2010 Chapter I General Provisions Article 1 This Law is enacted to stipulate the choice of law rules in intern…
Chapter II The PartiesArticle 11 A natural person's capacity for civil rights shall be governed by the law of the jurisdiction where his habitual residence is located.Article 12 A natural person's capacity for civil acts shall be governed by the law of the jurisdiction where his habitual residence is located.Whe…
Chapter III Marriage and FamilyArticle 21 The conditions for entering into marriage shall be governed by the law of the parties' jurisdiction of habitual residence, or the law of their country of nationality if their habitual residences are not located in the same jurisdiction, or the law of the jurisdiction where t…