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to follow usOn 3rd of Feb 2021, the Supreme People's Court released the Provisions about Providing Online Case Filing Services for Cross-border Litigation Parties.
202123
The highlights of the Provisions are as follows:
I. Cross-border litigants referred to in these Provisions shall include foreigners, residents of Hong Kong Special Administrative Region, Macau Special Administrative Region (hereinafter referred to as the "Hong Kong and Macau SAR") and Taiwan, Chinese Mainland citizens whose habitual residence is located overseas or in Hong Kong, Macau and Taiwan, as well as enterprises and organisations registered overseas or in Hong Kong, Macau and Taiwan.1.
II. The scope of cases for which online case filing services are provided for cross-border litigants includes civil and commercial lawsuits of first instance.2.

III. People's Courts shall provide cross-border litigants with online case filing services through China Mobile Mini Court.3.

IV. To conduct identity verification, a cross-border litigant shall submit the following materials to the court which has accepted the lawsuit:a. A foreigner shall submit passport and other documents to prove his/her identity; b. An enterprise or organisation shall submit its identity document and supporting documents to prove that the person participating in the lawsuit on behalf of such enterprise or organisation has the right to participate in the lawsuit as its representative. Such supporting documents shall be notarised by a notary public organ in the home country and certified by the Chinese embassy or consulate in the said country.c. Where the home country of a foreigner, foreign enterprise or organisation does not have diplomatic relations with China, such documents may be notarised by a notary public organ in the home country, and certified by the embassy or consulate of a third country which has diplomatic relations with China in the home country, and then certified by the embassy or consulate of China in the third country.d. Where there are specific provisions on certification formalities in the international treaties and conventions entered into, concluded or acceded to by China and the home country of the foreigner, foreign enterprise or organisation, such provisions shall prevail, except for those clauses for which China has declared reservations;e.These provisions also provide how to conduct identity verification for a Hong Kong or Macau resident, a Taiwan resident and a Chinese mainland citizen whose habitual residence is in a foreign country or in Hong Kong.4. a.b.c.d.
VI. Where a cross-border litigant that has passed identity authentication entrusts a Chinese mainland lawyer to represent it/him in the proceedings, it/he may apply to the court that has accepted the case for online video witness.Online video witness shall be initiated by a judge online, and the judge, cross-border litigant and the entrusted lawyer shall be online at the same time. As witnessed by the judge via video, the cross-border litigant and the entrusted lawyer shall sign the relevant documents on entrustment of agency, and are not required to go through the formalities of notarisation, certification, forwarding, etc. After online video witness, the entrusted lawyer may carry out online case filing, online payment and other matters on behalf of the litigant.5.   
VII. A cross-border litigant that applies for online case filing shall submit the following materials online:a. a bill of complaint;b. identity documents of the litigant and the relevant notarisation, certification, forwarding, or mailing for verification; andc. evidentiary materials.The aforesaid materials shall be written in the common language of the People's Republic of China or translated by a qualified translation company.7. a. b. c.


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Online Case Filing Services for Cross-border Litigators

Click LegalTips

to follow usOn 3rd of Feb 2021, the Supreme People's Court released the Provisions about Providing Online Case Filing Services for Cross-border Litigation Parties.
202123
The highlights of the Provisions are as follows:
I. Cross-border litigants referred to in these Provisions shall include foreigners, residents of Hong Kong Special Administrative Region, Macau Special Administrative Region (hereinafter referred to as the "Hong Kong and Macau SAR") and Taiwan, Chinese Mainland citizens whose habitual residence is located overseas or in Hong Kong, Macau and Taiwan, as well as enterprises and organisations registered overseas or in Hong Kong, Macau and Taiwan.1.
II. The scope of cases for which online case filing services are provided for cross-border litigants includes civil and commercial lawsuits of first instance.2.

III. People's Courts shall provide cross-border litigants with online case filing services through China Mobile Mini Court.3.

IV. To conduct identity verification, a cross-border litigant shall submit the following materials to the court which has accepted the lawsuit:a. A foreigner shall submit passport and other documents to prove his/her identity; b. An enterprise or organisation shall submit its identity document and supporting documents to prove that the person participating in the lawsuit on behalf of such enterprise or organisation has the right to participate in the lawsuit as its representative. Such supporting documents shall be notarised by a notary public organ in the home country and certified by the Chinese embassy or consulate in the said country.c. Where the home country of a foreigner, foreign enterprise or organisation does not have diplomatic relations with China, such documents may be notarised by a notary public organ in the home country, and certified by the embassy or consulate of a third country which has diplomatic relations with China in the home country, and then certified by the embassy or consulate of China in the third country.d. Where there are specific provisions on certification formalities in the international treaties and conventions entered into, concluded or acceded to by China and the home country of the foreigner, foreign enterprise or organisation, such provisions shall prevail, except for those clauses for which China has declared reservations;e.These provisions also provide how to conduct identity verification for a Hong Kong or Macau resident, a Taiwan resident and a Chinese mainland citizen whose habitual residence is in a foreign country or in Hong Kong.4. a.b.c.d.
VI. Where a cross-border litigant that has passed identity authentication entrusts a Chinese mainland lawyer to represent it/him in the proceedings, it/he may apply to the court that has accepted the case for online video witness.Online video witness shall be initiated by a judge online, and the judge, cross-border litigant and the entrusted lawyer shall be online at the same time. As witnessed by the judge via video, the cross-border litigant and the entrusted lawyer shall sign the relevant documents on entrustment of agency, and are not required to go through the formalities of notarisation, certification, forwarding, etc. After online video witness, the entrusted lawyer may carry out online case filing, online payment and other matters on behalf of the litigant.5.   
VII. A cross-border litigant that applies for online case filing shall submit the following materials online:a. a bill of complaint;b. identity documents of the litigant and the relevant notarisation, certification, forwarding, or mailing for verification; andc. evidentiary materials.The aforesaid materials shall be written in the common language of the People's Republic of China or translated by a qualified translation company.7. a. b. c.


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