Where a party to a case is a foreigner and it is necessary to conduct investigation and collect evidence in a foreign country that has established diplomatic relations or entered into a bilateral agreement on judicial assistance with the People’s Republic of China, the Chinese party may request a foreign court to do so…
The fees for service of process by a PRC court at the request of a foreign court or vice versa through diplomatic channels will be charged according to the principle of reciprocity. The fees for service of process paid by foreign courts will be transferred by the Consular Department to the competent high people's co…
Distinguish between Administrative Disputes and Civil Disputes The Arbitration Law of the People’s Republic of China excludes two types of disputes from arbitration. The first type is disputes relating to marriage, family, adoption, succession, and other personal relationship. And the second type is administrative disp…
What if the disputing parties agreed on litigation but intend to refer their disputes to arbitration?They should enter into a written arbitration agreement which expressly revokes the agreement or clause on their intention to refer their disputes to litigation.It should be noted that an arbitration agreement must be re…
How to understand “absence of an arbitration agreement”An arbitration agreement may be a separate written agreement referring to a master contract or an arbitration clause contained in a contract. And such an arbitration agreement may be executed either before or after the occurrence of a dispute between the parties.T…
The Laws Applicable in Determining the Validity of an International Arbitration AgreementIf a party to an international arbitration agreement files a written challenge over the validity of such agreement to a competent intermediate court, a collegial panel will be appointed to review the agreement and make a decision.Wh…
Sole Arbitrator or Three ArbitratorsDifferent from the arbitration systems of most countries, the Chinese arbitration system specified only two types of arbitral tribunal, i.e., sole-arbitrator tribunal or three-arbitrator tribunal.In the case of a sole-arbitrator tribunal, the sole arbitrator may be appointed by the cl…
Relief after an Award Is MadeIn accordance with the Arbitration Law and other applicable laws, an award is final and binding on both disputing parties. This rule also applies to international arbitration, i.e., after an award has been made by an international arbitration institution in China, neither the claimant nor th…
Robert Zhang 
Steve Li 