Know More about Civil Procedures with Foreign Matters
2013-August-5 Source: Newsgd.com
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When courts handling cases involving foreign matters, the civil procedure varies from the procedure purely with domestic matters. The following issues are the main differences.

1. Sovereignty at issue. The dispute may not be settled only by one nation, and it needs corporation from other countries in terms of evidence collection, summons service and enforcement. The courts must protect China’s sovereignty and also respect others in dealing with civil actions with foreign matters.

2. No time limit. As the civil procedures with foreign matters engages with transnational actions, such as summons service, authentication, document delivery, it takes long time. Quite often, uncertainty will make the procedure longer than expected, so there is no time limit.

3. Application of law. According to lex fori (the law of the jurisdiction where the legal action is brought), Chinese procedural law will be applied. While in substantive matters, it involves the conflict of laws. Chinese Civil Procedure Law has reservations on the exclusive jurisdiction. For example, an action instituted for a dispute arising from the performance in China of a Sino-foreign equity joint venture contract, a Sino-foreign cooperative joint venture contract or a contract for Sino-foreign cooperative exploration and development of natural resources shall come under the jurisdiction of Chinese court.

(This information is provided by Lawyer Kelly Xie from Guangdong KaiTong Law Firm in friendship. It is not any legal opinion or legal grounds addressed to any organization or individual. For inquiry, please contact Kelly via email at Kelly_xie@ktlf.com.cn or by phone on 13926185641.)

Editor: Olivia
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