Representation in international arbitration

In international arbitration in China, the disputing parties may engage lawyers and/or other persons, whether of Chinese or foreign nationality, as their representatives in arbitration. Where a lawyer or other representative is engaged to participate in arbitration, a power of attorney must be submitted to the arbitration commission.

The maximum number of such representatives is limited to 5 under the arbitration rules of SHIAC and SHIAC FTZ, which also stipulate that more authorized representatives may be permitted by the arbitral tribunal or the secretariat before an arbitral tribunal is constituted.

If a disputing party is an entity or individual of a foreign country, his ID documents, evidence relating to identity relations, and other official documents issued by the authorities of that country must be certified by a notary office of that country and authenticated by the embassy or a consulate of the PRC in that country or in accordance with the certification procedures stipulated in the applicable treaties concluded between the PRC and that country.

The author strongly recommends that a party involved in international arbitration in China engage a registered Chinese lawyer (two at the most according to law) as his representative. This is because many complicated legal procedures and formalities may be involved, including but not limited to certification, authentication, preservation of property/evidence, appraisal, enforcement, etc. Professional knowledge and rich practical experience are extremely important to protect and safeguard the parties’ rights and interests. And lawyer’s license is often required to complete such procedures and formalities or perform other acts where necessary.