Civil Litigation - Chapter 3 - Dispute Resolution in China

Anthony Poon
Mr. Poon is a Principal in the Dispute Resolution Practice Group of Baker & McKenzie China/Hong Kong. He graduated from the University of Hong Kong and is admitted to practice as a solicitor in Hong Kong, in England and Wales, and in Singapore. He is a notary public practicing in Hong Kong. His area of practice focuses on joint venture disputes, product liability, corporate insolvency and corporate compliance. While he is based in Hong Kong, he spends his time between Hong Kong, Beijing and Shanghai handling cross border litigation. Mr. Poon is listed as a Leading Lawyer (Dispute Resolution, China (International Firms)) in Chambers Asia 2011, as a Leading Lawyer (Dispute Resolution, Hong Kong) in Chambers Global (2010) and Chambers Asia (2010, 2009).

Peng Shen
Mr. Shen is an Associate of Baker & McKenzie’s Beijing Office. He graduated from the Chinese University of Political Science and Law with an LL.B. degree and obtained his LL.M. from Beijing University in 2006 and from Boston University in 2009. He is a member of the Chinese Bar and is also admitted to practice in the New York Bar, in the United States. Before Mr. Shen went into private practice, he was working as a judge in a Beijing court for 5 years and has extensive knowledge about the PRC court system. Mr. Shen’s practice focuses on China related commercial litigation, international and CIETAC arbitration and enforcement.

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Originially from Dispute Resolution in China

For foreign companies and foreign-invested enterprises (“FIEs”), civil litigation in China is becoming increasingly significant as an unpleasant consequence of investment in China and/or business dealings with Chinese companies. Civil procedure law had for many years in China been regarded as peripherally important, but has assumed new significance with the increase in litigation and public dissatisfaction with the quality of the judiciary and of the justice system.

In the view of a goodly number of domestic and foreign litigants alike, civil litigation in China is considered to be an unpredictable, arbitrary and non-transparent process, in which the quality of one’s relationship with and entertainment of the judges may be more important than legal merits. The Supreme People’s Court has begun, in recent years, to reform civil procedure, albeit within the confines of the current political and judicial system, with some consideration of foreign experience. Both common law and civil law countries have been active in assisting China with judicial reforms. The draft amendment to substantially revise and update the Civil Litigation Procedure Law was eventually published on 29 October 2010 for consultation.

Table of Contents:

I. Introduction

II. Determining the Nature of the Case (Foreign-Related or Domestic)

III. Jurisdiction

IV. Filing a Case

V. Lawyers and Other Agents Ad Litem

VI. Service of Process

VII. Collegial Panel and Summary Procedure

VIII. Mediation

IX. Provisional Remedies

X. Evidence and Discovery

XI. Trial Procedure

XII. Appeal Procedure

XIII. Enforcement Court and Procedure

XIV. Trial Supervision Procedure

XV. Conclusion