Classification of Evidence

Mar 25, 2023

Types of EvidenceIn accordance with Article 66 of The Civil Procedure Law of the People's Republic of China, evidence includes the following types:(1) statements of the parties;(2) documentary evidence;(3) real evidence;(4) audio-visual materials;(5) electronic data;(6) witness testimony;(7) appraisal opinion; and(8) in…

Burden of Proof in International Arbitration in China

Apr 20, 2023

According to the principle of “The party who makes a claim shall provide evidence to support his claim”, the claimant shall produce evidence in support of his claims and relief sought, and the respondent shall produce evidence in response to the claimant’s claims and in support of his own counterclaim, if any. The ar…

Adduction of Evidence by the Disputing Parties

Apr 20, 2023

Each disputing party shall beobligated to adduce evidence in support of the facts on which their claims,counterclaim, defenses, reliefs sought, opinions, arguments, etc., are basedwithin the time period specified by the arbitral tribunal or the arbitrationrules. The arbitral tribunal may also assign the burden of proof …

Interested Party’s Petition for Preservation of Property in International Arbitration in China

Apr 17, 2023

in accordance with the applicable law of the PRC, an interested party in international arbitration is entitled to file a petition for preservation of property during the process of arbitration proceedings. The following applicable provisions are cited for reference: In case of an emergency where thelawful rights and int…

Scope of and Measures for Preservation of Property in International Arbitration in China

Apr 17, 2023

Scope of and Measures for Preservation of Property in International Arbitration in China Scope ofPreservation and EnforcementAccording to the Civil Procedure Law of the People's Republic of China, an order for preservation and anenforcement action must be limited to the extent of the petition or theproperty or par…

Admissibility of Evidence in International Arbitration in China

Apr 20, 2023

Three principles for the admissibility of evidence Evidence submitted must be true, relevant, and valid in order to be admitted as evidence and make sure that the arbitration award is enforceable. Evidence must be verified to be true beforeit is used as the basis for ascertaining the facts in issue. When documents …

Petitioner’s Obligation to Provide Security for Preservation of Property

Apr 17, 2023

According tothe Civil Procedure Law of the People’s Republic of China, a petitioner forpreservation of property or evidence or enforcement of a decree, an arbitrationaward, or other legal processes, shall be obliged to provide security for hispetition as determined by the court.If thepetitioner fails to provide the sec…

Documents as Evidence in International Arbitration in China

Apr 20, 2023