Sat, 26 Oct 2024 Insights Meng Yu 余萌
The 1961 Apostille Convention, effective in China as of November 2023, simplifies the authentication of foreign documents for use in Chinese courts by replacing traditional consular legalization with apostille. Note that authentication is only required for certain types of documents under Chinese law, and the apostille process applies only when the 1961 Convention is relevant.
Wed, 17 Apr 2024 China Legal Trends CJO Staff Contributors Team
Beijing International Commercial Court issued guidelines elucidating the application of the HCCH 1961 Apostille Convention in China, aiming to clarify procedures for parties unfamiliar with the Convention and to enable faster, more cost-effective, and more convenient cross-border document circulation.
Thu, 11 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, the Beijing Intellectual Property Court issued a bilingual guideline, based on international conventions and practical opinions from various institutions, on the supporting documents certifying subject qualification in foreign cases.
Tue, 26 Mar 2024 Insights Meng Yu 余萌
The 2023 Civil Procedure Law introduces a systematic framework for taking of evidence abroad, addressing longstanding challenges in civil and commercial litigation, while also embracing innovative methods like using instant messaging devices, thereby enhancing efficiency and adaptability in legal procedures.
Wed, 31 Jan 2024 China Legal Trends CJO Staff Contributors Team
In November 2023, Chengdu Court's historic decision, in a case of recognition of a foreign divorce judgment, exempts consular authentication, marking the first application of the Apostille Convention in Chinese courts.
Wed, 16 Nov 2022 China Legal Trends CJO Staff Contributors Team
In September 2022, Shanghai Maritime Court issued the “Guidelines for Blockchain Evidence Review”, introducing blockchain evidence to maritime trials.
Sun, 18 Sep 2022 Insights Guodong Du 杜國(guó)棟
China’s Supreme People's Procuratorate shows, in its published guiding case, Jian Li No.67, shows how Chinese procuratorates review electronic data obtained from overseas.
Sun, 21 Feb 2021 Insights Guodong Du 杜國(guó)棟
In December 2019, China's Supreme Court promulgated the revised Civil Evidence Rules, which covers most rules of evidence in China's civil procedure.
Sat, 28 Nov 2020 China Legal Trends Yanru Chen 陳彥茹
China’s Supreme People's Court issued the Several Provisions on Evidence in Civil Litigation of Intellectual Property Rights.
Sun, 18 Oct 2020 Insights Chenyang Zhang 張辰揚(yáng) , Zhuo Yiwei 卓懿偉
The parties can engage expert assistants(專家輔助人) — or "China’s expert witness" as dubbed by some people — to help them express opinions on professional issues. Although the relevant rules of expert assistant need to be improved, the parties can give it a try to strengthen the persuasion of their opinions.