In order to further address the issue of prosecution materials encountered by parties from different jurisdictions when submitting or applying to the Beijing International Commercial Court, the Beijing International Commercial Court has issued this Q&A in accordance with the Civil Procedure Law of the People’s Republic of China and relevant judicial interpretations of the Supreme People’s Court, in combination with case jurisdiction and trial practice.
Question 1: What subject qualification certificates should foreigners or residents of Hong Kong, Macao, and Taiwan submit when filing a lawsuit?
Answer: Foreigners participating in litigation should submit identification documents such as passports and entry certificates to prove their identity; If I am unable to go to the people’s court overseas, I shall submit notarized and authenticated identification materials.
Residents of Hong Kong, Macau, and Taiwan are required to submit their personal identification documents (Hong Kong, Macau, and Taiwan resident ID cards, return home permits); Hong Kong or Macau residents who do not have a residence in mainland China and are unable to file a lawsuit in a people’s court outside of mainland China should submit identification materials notarized by lawyers from Hong Kong or Macau (commissioned by the Ministry of Justice of China) and authenticated by China Legal Services (Hong Kong or Macau) Co., Ltd. with a special seal for notarized document transmission; Taiwanese residents who do not have a residence in mainland China shall submit identification documents notarized by a Taiwanese notary public and certified by the Chinese or Beijing Notary Public Association.
Question 2: What subject qualification certification materials should foreign and Hong Kong, Macao, and Taiwan enterprises and organizations submit for litigation?
Answer: Foreign enterprises or organizations without a domicile within the territory of our country shall submit notarized and authenticated identification materials established in accordance with the law; A person representing a foreign enterprise or organization in litigation shall submit a notarized and authenticated proof of their right to participate as a representative in litigation.
Hong Kong or Macau enterprises or organizations that do not have a residence in mainland China shall submit a legally established certificate notarized by lawyers from Hong Kong or Macau (commissioned by the Ministry of Justice of China) and authenticated by China Legal Services (Hong Kong or Macau) Co., Ltd. with a notarized document transmission seal; Taiwanese enterprises or organizations without a residence in mainland China shall submit a legally established certificate notarized by a Taiwanese notary public and certified by the Chinese or Beijing Notary Public Association.
Question 3: What are the requirements for an authorization letter?
Answer: (1) For foreign parties, Hong Kong, Macao, and Taiwan parties who do not have a domicile within the territory of our country, if they entrust Chinese lawyers or other people to represent them in litigation, the authorization letter sent or entrusted from outside the territory of our country or the mainland needs to be notarized and authenticated accordingly.
Representatives of natural persons, enterprises, or organizations from foreign countries and Hong Kong, Macao, and Taiwan regions who sign authorization letters within the territory of China must submit a certificate notarized by a notary public in China; If the entrusted procedures are handled in person in the court, the judge may witness the act of signing the power of attorney in accordance with the law.
A Taiwanese party holding a residence permit in Taiwan entrusts a lawyer or other person from mainland China to represent them in litigation. The power of attorney does not require notarization or other certification procedures in accordance with Article 17 of the Supreme People’s Court’s Measures on Providing Judicial Services for Deepening Cross Strait Integration and Development.
(2) Foreign parties in foreign-related civil litigation can entrust their own country as their litigation agent, or entrust their own country’s lawyer to act as their litigation agent in a non lawyer capacity; Officials of foreign embassies and consulates in China may act as litigation agents in their personal names on behalf of their own citizens, but they do not enjoy diplomatic or consular privileges and exemptions in litigation.
(3) If the agent signs on behalf of the plaintiff, there must be a clear authorization letter regarding the signing of the plaintiff on behalf of the agent, and it cannot only be written as “suing on behalf of”.
Question 4: Do the written materials submitted by the parties have translation requirements?
Answer: The written materials submitted by the parties to the Beijing International Commercial Court are in foreign languages, and they should also submit a Chinese translation to the Beijing International Commercial Court. If the parties have objections to the Chinese translation, they shall jointly entrust a translation agency to provide the translated text; If the parties cannot reach a consensus on the choice of translation agency, it shall be determined by the court.
Question 5: Which parties can file cross-border lawsuits online?
Answer: Foreigners, residents of the Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan region, mainland Chinese citizens whose habitual residence is located abroad or in the Hong Kong, Macao, and Taiwan region, as well as enterprises and organizations registered abroad or in the Hong Kong, Macao, and Taiwan region, can file cases online through the China Mobile Micro Court.
Question 6: How can cross-border litigants apply for online video witnessing when entrusting lawyers from mainland China to represent them in litigation?
Answer: Cross border litigation parties and their authorized agents can apply for online video witnessing to the court accepting the case through China Mobile’s WeChat mini program or computer.
Online video witnessing is initiated by judges online, with judges, cross-border litigation parties, and commissioned lawyers simultaneously video online. Cross border litigation parties should use the common language of China or be equipped with translators. Judges should confirm whether the appointed lawyer and their law firm, as well as the entrusted behavior, are the true expressions of intent of cross-border litigation parties. Under the witness of a judge’s video, cross-border litigation parties and authorized lawyers sign relevant agency documents without the need for notarization, authentication, and transmission procedures. After online video witnessing, the appointed lawyer can carry out online filing, online payment, and other matters on behalf of them.
Question 7: What materials should be submitted when applying for recognition and enforcement of effective civil and commercial judgments by foreign courts?
Answer: If the applicant applies to the people’s court for recognition and enforcement of legally effective judgments or rulings made by foreign courts, they shall submit:
(1) Two copies of the application form. The application should clearly state the applicant’s basic information, request and reasons, as well as the situation of the parties being summoned and responding to the lawsuit;
(2) Notarized and authenticated original or certified copies of court judgments and rulings, as well as Chinese translations;
(3) If the court judgment or ruling is a default judgment or ruling, the applicant shall submit proof of lawful summons and response to the lawsuit at the same time, except where the judgment or ruling has clearly stated this.
At the same time, it should be noted that international treaties that China has signed or participated in have provisions for the submission of documents, which shall be handled in accordance with the regulations.
Question 8: What materials should be submitted when applying for recognition and enforcement of foreign arbitration awards?
Answer: If the applicant applies for recognition and enforcement of a foreign arbitration award, they shall submit the original application and award, or a certified copy.
The application shall specify the following: (1) If the applicant or the respondent is a natural person, their name, gender, date of birth, nationality, and residence shall be stated; If it is a legal person or other organization, its name, address, and the name and position of the legal representative or representative shall be specified; (2) The main content and effective date of the award; (3) Specific requests and reasons.
The foreign language application, award and other documents submitted by the parties shall be accompanied by a Chinese translation.
Question 9: What materials should be submitted when applying for recognition and enforcement of civil and commercial judgments in the Hong Kong Special Administrative Region?
Answer: The applicant’s application for recognition and enforcement of civil and commercial judgments in the Hong Kong Special Administrative Region shall comply with the provisions of the current effective “Arrangement of the Supreme People’s Court on Mutual Recognition and Enforcement of Civil and Commercial Judgments under the Jurisdiction of Parties in Mainland China and Hong Kong Special Administrative Region Courts”.
The applicant shall submit the following documents: (1) an application for recognition and execution; (2) A copy of the judgment stamped by the court that made the final judgment; (3) A certificate issued by the court that made the final judgment, proving that the judgment belongs to the final judgment referred to in Article 2 of the “Arrangement of the Supreme People’s Court on the Mutual Recognition and Enforcement of Judgments in Civil and Commercial Cases under the Jurisdiction of the Mainland and Hong Kong Special Administrative Region Courts”, and can be enforced at the place where the judgment is made. This certificate needs to be notarized separately; (4) Identity proof materials: 1. If the applicant is a natural person, they should submit their ID card or a notarized copy of their ID card; If the applicant is a legal person or other organization, a notarized copy of the registration certificate of the legal person or other organization shall be submitted; If the applicant is a foreign legal person or other organization, corresponding notarization and authentication materials should be submitted.
At the same time, it should be noted that if the documents submitted by the applicant do not have a Chinese text, a certified Chinese translation should be attached.
Question 10: What materials should be submitted when applying for recognition and enforcement of civil and commercial judgments in the Macao Special Administrative Region?
Answer: The application for recognition and enforcement of civil and commercial judgments in the Macao Special Administrative Region should comply with the provisions of the current effective “Arrangement between the Mainland and the Macao Special Administrative Region on Mutual Recognition and Enforcement of Civil and Commercial Judgments”. The applicant shall submit an application, which shall be accompanied by a copy of the effective judgment or a certificate stamped by the court that made the effective judgment. At the same time, relevant documents issued by the court or authorized institution that issued the effective judgment proving the following matters shall be attached:
(1) The summons shall be made in accordance with the law, except as proven by the judgment;
(2) A person without legal capacity shall be represented in accordance with the law, except as proven by the judgment;
(3) According to the law of the place where the judgment is made, the judgment has been served on the parties and has become effective;
(4) If the applicant is a legal person, a copy of the business license or registration certificate of the legal person shall be provided;
(5) Proof of execution issued by the court where the judgment was made.
Question 11: What materials should be submitted when applying for recognition and enforcement of civil judgments in Taiwan?
Answer: The applicant’s application for recognition and enforcement of civil judgments of courts in Taiwan should comply with the current effective provisions of the Supreme People’s Court on the Recognition and Enforcement of Civil Judgments of Courts in Taiwan. The applicant shall submit an application form and attach the original or certified true copy of the civil judgment documents and civil judgment determination certificates issued by relevant courts in Taiwan. If the civil judgment of the Taiwan court is a default judgment, the applicant shall also submit proof documents that the Taiwan court has lawfully summoned the parties, except for those that have been clearly stated in the judgment.
The application shall specify the following: (1) the name, gender, age, occupation, ID number, address of the applicant and the respondent (if the applicant or the respondent is a legal person or other organization, the name, address, name and position of the legal representative or main person in charge of the legal person or other organization shall be specified) and communication method; (2) Request and reasons; (3) The execution status of the judgment applied for recognition; (4) Other situations that need to be explained.
Question 12: What materials should be submitted when applying for recognition and enforcement of civil cases related to marriage and family in the Hong Kong Special Administrative Region?
Answer: The arrangement of the Supreme People’s Court on mutual recognition and enforcement of judgments in civil cases of marriage and family between mainland and Hong Kong Special Administrative Region courts has been implemented on February 15, 2022.
If applying for recognition and enforcement of effective judgments made by the courts of the Hong Kong Special Administrative Region in civil cases of marriage and family, the following materials shall be submitted: (1) Application form; (2) A copy of the judgment stamped by the court that made the effective judgment; (3) A certificate issued by the court that made the effective judgment, proving that the judgment belongs to the effective judgment of marriage and family civil cases stipulated in this arrangement; (4) If the judgment is made by default, proof documents that the court has lawfully summoned the parties shall be submitted, except where the judgment has clearly stated this or the absent party has applied for it; (5) A notarized copy of the ID document.
If applying for recognition of an agreement or memorandum for the dissolution of marriage in accordance with Part V and Part VA of the Marriage Reform Ordinance (Chapter 178 of the Laws of Hong Kong), the following materials should be submitted: (1) Application form; (2) A notarized copy of the divorce certificate, or a notarized copy of the agreement or memorandum; (3) A notarized copy of the ID document.
Question 13: What materials should be submitted when applying for recognition of divorce judgments in foreign courts?
Answer: To apply for recognition that a foreign court’s divorce judgment is a special judicial assistance case, the applicant should submit: (1) two copies of the application, which should specify the basic information of the applicant and the respondent, the court of the country where the judgment was made, the result and time of the judgment, the summons and responses of the parties, the reasons and requests for the application, and other information that needs to be explained; (2) The original notarized and authenticated divorce judgment from a foreign court, as well as a certified Chinese translation. If a foreign court makes a judgment by default, the applicant shall submit proof of lawful summons and response, as well as a certified Chinese translation, unless the judgment has already explained this. If the judgment does not specify the time when the judgment has taken effect, a certificate issued by the foreign court that made the judgment that the judgment has taken effect, as well as a Chinese translation proving its accuracy, should be submitted; (3) A certified Chinese translation can be verified through the following means: 1. Notarization by a foreign notary public, authentication by the Ministry of Foreign Affairs or an authorized agency of the Ministry of Foreign Affairs, and authentication by our embassy or consulate abroad; 2. Direct notarization by overseas embassies and consulates; 3. Notarization by domestic notary authorities.
