Judicial Assistance

    Our China International Arbitration Lawyers are membered by professional international lawyers registered and practicing in Shanghai, China. Our lawyers have represented hundreds of clients in international legal services and published tens of legal works.

a) International Treaties or Principle of Reciprocity

The people's courts and foreign courts may request assistance from each other in the service of legal instruments, investigation, collection of evidence, and other legal proceedings in accordance with the applicable international treaties entered into or acceded to by the People's Republic of China or the principle of reciprocity.


b) Denial of a Request for Judicial Assistance

Where an issue in which a foreign court requests assistance from a people's court would damage the sovereignty, security, or social and public interests of the People's Republic of China, the people's court shall deny the request.


c) Absence of an Applicable International Treaty

Judicial assistance shall be requested and provided in the manner specified in the applicable international treaty entered into or acceded to by the People's Republic of China or by diplomatic means in the absence of an applicable international treaty.

No compulsory measures. Foreign embassies and consulates in the People's Republic of China may serve legal instruments on their citizens, investigate, and collect evidence in the territory of the People's Republic of China; provided, however, that they may not violate the laws of the People's Republic of China or take compulsory measures.

Unless otherwise specified in the preceding paragraph, any other foreign entity or individual may not serve legal instruments, investigate, or collect evidence in the territory of the People's Republic of China without the permission of the competent authorities of the People's Republic of China.


d) Translation

A request for judicial assistance from a foreign court to a people's court and the documents attached thereto shall be accompanied by texts translated into the Chinese language or any other language specified in the applicable international treaty.

A request for judicial assistance from a people's court to a foreign court and the documents attached thereto shall be accompanied by texts translated into the language of the country of the foreign court or any other language specified in the applicable international treaty.


e) Special Form

The people's courts shall provide judicial assistance in accordance with the procedures specified in the law of the People's Republic of China. Where a foreign court requests judicial assistance in a special form, the judicial assistance may be provided in the special form as requested if the special form does not violate the law of the People's Republic of China.


f) Recognition and Enforcement of an Award of a Foreign Arbitration Institution

Where a party seeks recognition and enforcement of an award of a foreign arbitration institution by a people's court of the People's Republic of China, the party may directly file a petition with the intermediate people's court in the jurisdiction where the domicile of the party against whom enforcement is sought or his property is located, and the intermediate people's court receiving the petition shall recognize and enforce the award or deny the petition in accordance with the applicable international treaty entered into or acceded to by the People's Republic of China or the principle of reciprocity.

Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…
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China International Arbitration Lawyers, membered by international lawyers and arbitrators experienced in international arbitration and litigation practising in Shanghai, authors of tens of published works.
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