For the purpose of addressing problems faced by parties to civil actions from countries and regions with different legal systems arising from submission of litigation materials to or case filings at the Beijing International Commercial Court (BICC), these provisions are developed by the BICC in accordance with case adjudication and judicial practices, the Civil Procedure Law of the People's Republic of China (PRC) and judicial interpretations of the Supreme People's Court.
Question 1: Proceeding materials required for foreign nationals, and residents of China's Hong Kong and Macao special administrative regions (SARs) and Taiwan province
Answer: Foreign parties to a civil action shall submit their passports, other certificates that show proof of their identity, and the entry permits. Foreign nationals, who aren't in the Chinese mainland and cannot attend the trial in person shall submit identity proof materials showing relevant notarization and certification procedures.
If parties to a civil case are residents of the Hong Kong and Macao SARs or Taiwan province, they shall submit proofs of identity such as ID cards and home return certificates. Parties from the Hong Kong and Macao SARs who have no fixed domicile in the Chinese mainland and cannot bring their suit to the court in person shall provide their identity proof materials notarized by Hong Kong or Macao lawyers (with a power of attorney signed by China's Ministry of Justice), duly authenticated and sealed by a Chinese legal service firm (including Hong Kong-based and Macao-based ones) for transmission purpose. Taiwan people who have no fixed domicile in the Chinese mainland shall provide their identity proof materials certified by the notary offices in Taiwan and duly authenticated by the China Notary Association or Beijing Notary Association.
Question 2: Proceeding materials required for enterprises and organizations from other countries, China's Hong Kong and Macao SARs and Taiwan province
Answer: Foreign enterprises or organizations that participate in an action and have no fixed domicile in the Chinese mainland shall submit their registration proof documents with professional notarization and lawful authentication. Representatives of foreign enterprises or organizations shall provide a power of attorney with notarization and authentication procedures specifying their right to attend the trial.
During participation in a civil case, enterprises or organizations that are registered in the Hong Kong and Macao SARs and have no fixed domicile in the Chinese mainland shall submit their registration proof materials certified by Hong Kong or Macao lawyers (with a power of attorney signed by China's Ministry of Justice), authenticated and sealed by Chinese a legal service firm (including Hong Kong-based and Macao-based ones). Those that are registered in Taiwan and have no fixed domicile in the Chinese mainland shall provide their registration proof materials certified by the notary offices in Taiwan and authenticated by the China Notary Association or the Beijing Notary Association.
Question 3: Proceeding materials for the letter of attorney
Answer: (1) The notarization and certification procedures are required when litigation parties come from foreign countries, the Hong Kong and Macao SARs, or Taiwan province, have no fixed domicile in the Chinese mainland, and have to entrust Chinese lawyers and other people to attend the trial on their behalf. They may mail or deliver their letter of attorney from places outside the Chinese mainland.
The letter of attorney, which is signed in the Chinese mainland by representatives of natural persons, enterprises or organizations from foreign countries, the Hong Kong and Macao SARs and Taiwan province, must have a proof of certification from a Chinese notary office. Judges are entitled to verify the authenticity of the letter of attorney when it is signed by parties to a civil case under their virtual witness in court.
According to Article 17 of the Several Opinions of the Supreme People's Court on Further Providing Judicial Services to Deepen the Integrated Development across the Taiwan Straits, there is no need for litigants from Taiwan province to undergo certification, authentication or other certification procedures when they allow lawyers or other people in the Chinese mainland to participate in the trial on their behalf.
(2) In foreign-related civil actions, non-Chinese parties are entitled to entrust their compatriots to represent them at court. The required power of attorney can be prepared by lawyers from their home countries. With the authorization of their own citizens, officials of foreign embassies and consulates in China can also act as agent ad litem in personal name without possessing any diplomatic or consular privileges and exemptions in the proceedings.
(3) The letter of attorney must make it clear that an agent ad litem of the parties to civil actions shall have the right to sign his or her name on the statement of a lawsuit instead of merely writing "representative action."
Question 4: Requirements for the translation of written statement submitted by litigants
Answer: Parties to civil actions shall render a Chinese copy of their written statement to the BICC when their statement is written in other languages. When either side objects to the Chinese copy, litigants from the two sides in a civil case must entrust the translation task to a professional agency with joint authorization. When the two sides cannot reach agreement on the determination of translation agency, the BICC is entitled to designate one.
Question 5: Circumstances for parties in a civil case to apply for online cross-border case filing service
Answer: Foreign nationals, residents of the Hong Kong and Macao SARs and Taiwan province, Chinese mainland citizens who reside outside of the mainland, and enterprises and organizations that are registered in foreign countries, Hong Kong, Macao or Taiwan, can file a case as a party to a cross-border lawsuit via the China Mobile Micro Court mini program on the WeChat instant messaging platform.
Question 6: Application for the services of an online video witness by Chinese mainland lawyers with the power of cross-border entrustment
Answer: Parties to a cross-border civil action and their agent ad litem can access the services of an online video witness via China's online court platform or through its website.
Cross-border litigation parties and their agent ad litem shall simultaneously appear when judges inaugurate the services of an online video witness. Parties to a cross-border civil action shall either use Putonghua (Mandarin) or have translators at their side. Judges must check whether it is the real intention of the cross-border litigation parties to entrust their lawsuits to the agent ad litem and the law offices concerned. There is no need for the parties in a cross-border case to undergo certification, authentication and forward procedures when they sign the letter of attorney with their lawyers in the virtual presence of judges. After the conclusion of the services of an online video witness, entrusted lawyers can file a case and pay lawsuit acceptance fees online.
Question 7: Proceeding materials required for the recognition and enforcement of foreign courts' rulings in civil and commercial cases
Answer: For the purpose of applying for recognition and enforcement of the ruling and verdict by foreign courts in civil and commercial cases, applicants shall submit the following materials:
(1) Applicants shall render two copies of application documents, which must contain their basic information, the request and supporting reasons, and summonses of the litigation parties by foreign courts as well as their responses.
(2) Applicants shall provide original or certified copies of the ruling and verdict granted by foreign courts, as well as a Chinese translation.
(3) In case of a default judgment, applicants shall also provide proof of lawful summons and response of the parties to the civil action, unless the foreign court has already specifically confirmed service of notice of the action in their ruling and verdict.
It is noted that the application for recognition and enforcement of judgments made by foreign courts shall be conducted in accordance with international treaties concluded or acceded to by the PRC.
Question 8: Proceeding materials required for the recognition and enforcement of foreign arbitration institutions' arbitral awards
Answer: For the purpose of applying for the recognition and enforcement of an arbitral award granted by a foreign arbitration institution, applicants shall submit their request, original or certified copies of the award.
The application shall include (1) the name, gender, birth, nationality and residence of the applicants and respondents when they are natural persons; the name, fixed domicile, legal representative or the name and post of legal representative of the applicants and respondents when they are legal entities or organizations; (2) an excerpt and the date of the award; (3) specific requirements and supporting reasons.
A Chinese translation must be appended when the litigation parties provide their request materials, arbitral awards and other documents in a foreign language.
Question 9: Proceeding materials required for the recognition and enforcement of ruling made by courts in the Hong Kong SAR in civil and commercial cases
Answer: A request for recognition and enforcement of the ruling granted by a Hong Kong court shall conform to the currently valid Arrangement of the Supreme People's Court on Mutual Recognition and Enforcement of Judgments in Civil and Commercial Matters as Agreed to by the Litigation Parties between the Chinese Mainland and the Hong Kong SAR.
The applicant shall provide: (1) a request for recognition and enforcement; (2) a duplicate of the final ruling duly made and sealed by a Hong Kong court; (3) a proof of the final ruling duly issued by the Hong Kong court validating that the verdict is made in accordance with Article 2 in the Arrangement of the Supreme People's Court on Mutual Recognition and Enforcement of Judgments in Civil and Commercial Matters as Agreed to by the Litigation Parties between the Chinese Mainland and the Hong Kong SAR and is enforceable in Hong Kong. The proof materials should be independently notarized; (4) a proof of identity certification: natural persons shall render personal ID cards or notarized duplicates of ID cards; legal entities or organizations shall submit notarized duplicates of proof of registration as legal entities; those that are foreign legal entities or other organizations shall offer relevant notarization and certification materials.
A Chinese translation with certification must be appended when parties in civil and commercial cases provide their application materials in a foreign language.
Question 10: Proceeding materials required for the recognition and enforcement of rulings made by courts in Macao SAR in civil and commercial cases
Answer: A request for the recognition and enforcement of a ruling granted by a Macao court in a civil and commercial case shall conform to the currently valid Arrangement between the Chinese Mainland and the Macao Special Administrative Region on the Mutual Recognition and Enforcement of Civil and Commercial Judgments. Applicants shall provide a request letter, a duplicate of the legally effective judgment or a proof of the legally effective judgment duly sealed by the Macao court. In addition, they shall submit the following materials issued by the Macao court that has rendered the ruling or other competent institutions:
(1) Lawful summons except when the summons has been certified by the ruling;
(2) Lawful representation for persons without capacity for civil conduct except when certified by the ruling;
(3) The legally effective verdict that has been granted in accordance with the laws of the relevant court-based region and delivered to the litigation parties;
(4) Copy of the business license or proof of business registration when the applicants are legal entities;
(5) The progress of enforcement after the ruling was made by the Macao court.
Question 11: Proceeding materials required for the recognition and enforcement of rulings made by Taiwan courts in civil and commercial cases
Answer: A request for the recognition and enforcement of the ruling granted by a Taiwan court in a civil case shall conform to the currently valid Arrangement of the Supreme People's Court on Mutual Recognition and Enforcement of Judgments in Civil Matters between the Chinese Mainland and the Taiwan Region. Applicants shall submit a request letter, original or certified copies of the verdict of the Taiwanese court and proof of the ruling. When the verdict was given by trial in absentia, the applicants shall provide a proof of lawful summons issued by the Taiwanese court concerned unless proof of summons has been certified in the ruling.
The request letter shall cover (1) the name, gender, age, profession, ID number, residence and contact means of the litigation parties when they are natural persons; the name, address, legal representative, and the names, posts and contact methods of principal personnel of the litigation parties when they are legal entities or other organizations; (2) specific requirements and supporting reasons; (3) the enforcement progress of the ruling to be confirmed; (4) other matters to be noted.
Question 12: Proceeding materials required for the recognition and enforcement of a ruling made by a court in the Hong Kong SAR over marriage and family matters
Answer: The Arrangement of the Supreme People's Court on the Mutual Recognition and Enforcement of Judgments in Civil Cases of Marriage and Family Matters between the Chinese Mainland and Hong Kong SAR came into effect on February 15, 2022.
A request for the recognition and enforcement of a legally effective verdict over marriage and family matters granted by Hong Kong courts shall provide: (1) an application; (2) copies of the legally effective ruling duly sealed by the relevant Hong Kong court; (3) a proof of the legally effective judgment issued by the court concerned to validate that its verdicts are made in accordance the arrangement of the Supreme People's Court; (4) when the verdict was made by trial in absentia, the applicants shall provide a proof of lawful summons of the litigation parties issued by the Hong Kong court concerned except what when proof of summons has been certified in the ruling or at the request of the absent party; (5) notarized duplicates of ID cards.
Those who request recognition and enforcement of a legally-abiding agreement and memorandum of understanding over the termination of a marriage granted by a Hong Kong court in accordance with Part V and Part VA of Hong Kong's Marriage Reform Ordinance (Cap 178) shall provide: (1) an application; (2) notarized duplicates of the divorce certificate, agreement and memorandum of understanding; (3) notarized duplicate of ID cards.
Question 13: Proceeding materials required for the recognition of a ruling made by a foreign court in a divorce case
Answer: A request for the recognition of a foreign court’s ruling in a divorce case belongs to the category of judicial assistance. The applicants shall provide: (1) two copies of the request. The application shall contain basic information of the applicants and the respondents, the name of the foreign court that granted the verdict, ruling results and time, lawful summonses and responses of the litigants, request reasons and plea, other matters to be noted; (2) formal ruling granted by the foreign court notarized and authenticated, and the translated Chinese text of the verdicts with certification. When the verdict was made by trial in absentia, the applicants shall provide a proof and Chinese translation of the lawful summons and response of the litigation parties except proof of summons and response has been certified in the ruling. The applicants shall also render proof of the specific time of enforcement of the ruling duly issued by the foreign court concerned and its translated Chinese text when there is no specific time in the original verdict about when it will take effect; (3) The certification of Chinese translation can be gained through: notarization of foreign notary offices and acknowledged by China's Ministry of Foreign Affairs, notary institutions with the authorization of the Ministry of Foreign Affairs, or Chinese embassies and consulates in foreign countries; direct notarization of Chinese embassies and consulates in foreign countries; and the notarization of Chinese notarial offices.
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