International Legal Perspective | Ways for Parties in Cross-Border Litigation to Engage Chinese Lawyers
Published:
2024-11-19
In today's globally interconnected era, international economic cooperation, trade exchanges, and cultural interactions are deepening at an unprecedented rate, leading to an increase in cross-border legal disputes. In foreign-related legal matters, according to Article 274 of the Civil Procedure Law of the People's Republic of China (2023 amendment), foreigners, stateless persons, foreign enterprises, and organizations must appoint a lawyer from the People's Republic of China to represent them in lawsuits in the people's courts. This article will introduce various ways for foreign-related entities to appoint domestic lawyers to handle legal affairs, aiming to help these entities better understand and choose the appropriate method of appointment.
In today's globally interconnected era, international economic cooperation, trade exchanges, and cultural exchanges are deepening at an unprecedented frequency, leading to an increase in cross-border legal disputes. In foreign-related legal matters, according to Article 274 of the Civil Procedure Law of the People's Republic of China (2023 amendment), foreigners, stateless persons, foreign enterprises, and organizations must entrust a lawyer from the People's Republic of China to represent them in lawsuits in the people's courts. This article will introduce various ways for foreign-related entities to entrust domestic lawyers to handle legal affairs, aiming to help them better understand and choose the appropriate method of entrustment.
I. Court Witnessing
(1) Online Video Witnessing
The "Several Provisions of the Supreme People's Court on Providing Online Filing Services for Cross-Border Litigation Parties" stipulates the process for online video witnessing of entrustment. In first-instance civil and commercial litigation, when cross-border litigation parties apply for online filing for the first time, they must first complete identity verification, after which they can apply to the court for online video witnessing. The specific description is as follows:
(2) Offline Judge Witnessing
Cross-border litigation parties can complete the authorization procedures by signing the power of attorney in the presence of a judge from the people's court. Natural persons must present identification and entry proof, while legal representatives or responsible persons of legal entities and other organizations must provide not only identification and entry proof but also notarized and certified documents proving their authority to sign the power of attorney.
II. Notarization and Certification
The authorization for cross-border litigation parties to entrust agents for litigation can also be completed through notarization and certification, mainly including the following forms:
(1) Cross-border litigation parties from the Hong Kong and Macao Special Administrative Regions
(2) Cross-border litigation parties from Taiwan
(3) Mainland Chinese citizens with a habitual residence outside the country
(4) Cross-border litigation parties from other countries or regions
Summary
As international exchanges continue to deepen, foreign-related legal affairs will become more complex. Foreign-related entities need to choose their methods of entrustment more flexibly and strengthen communication with domestic lawyers to efficiently resolve cross-border legal disputes and protect their rights.
(Note: The "Convention" does not apply between China and India. The situation of specific contracting states may change over time, so attention should be paid to the latest official information or authoritative reports in actual operations.)
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