Civil Procedure Law of the People's Republic of China

(Adopted at the 4th Session of the Seventh National People's Congress on April 9, 1991; amended for the first time in accordance with the Decision on Amending the Civil Procedure Law of the People's Republic of China as adopted at the 30th Session of the Standing Committee of the Tenth National People's Congress on October 28, 2007; and amended for the second time in accordance with the Decision on Amending the Civil Procedure Law of the People's Republic of China as adopted at the 28th Session of the Standing Committee of the Eleventh National People's Congress on August 31, 2012)

Part IV Special Provisions for Civil Procedure of Cases Involving Foreign Element

C-XXIII General Principles

Article 259 The provisions of this Part shall be applicable to civil proceedings within the territory of the People's Republic of China in regard to cases involving foreign element. Where it is not covered by the provisions of this Part, other relevant provisions of this Law shall apply.

Article 260 If an international treaty concluded or acceded to by the People's Republic of China contains provisions that differ from that of this Law, the provisions of the international treaty shall apply, except those on which China has made reservations.

Article 261 Civil actions brought against a foreign national, a foreign organization or an international organization that enjoys diplomatic privileges and immunities shall be dealt with in accordance with the relevant law of the People's Republic of China and the provisions of the international treaties concluded or acceded to by the People's Republic of China.

Article 262 The people's court shall conduct trials of civil cases involving foreign element in the spoken and written language commonly used in the People's Republic of China. Translation may be provided at the request of the parties and the expenses shall be borne by them.

Article 263 When a foreign national, a stateless person or a foreign enterprise or organization needs a lawyer as agent ad litem to bring an action and enter appearance on his behalf in the people's court, he must appoint a lawyer of the People's Republic of China.

Article 264 Any power of attorney mailed or forwarded from outside the territory of the People's Republic of China by a foreign national, a stateless person or a foreign enterprise or organization that has no domicile in the People's Republic of China for the appointment of a lawyer or any other person of the People's Republic of Chinaas an agent ad litem must be notarized by a notarial office in the country of domicile and authenticated by the Chinese embassy or consulate accredited to that country or must go through the certifying formalities stipulated in the relevant bilateral treaty between China and that country before it becomes effective.

C-XXIV Jurisdiction

Article 265 In the case of an action concerning a contract dispute or other disputes over property rights and interests, brought against a defendant who has no domicile within the territory of the People's Republic of China, if the contract is signed or performed within the territory of the People's Republic of China, or if the object of the action is located within the territory of the People's Republic of China, or if the defendant has distrainable property within the territory of the People's Republic of China, or if the defendant has its representative office within the territory of the People's Republic of China, the people's court in the place where the contract is signed or performed, or where the object of the action is located, or where the defendant's distrainable property is located, or where the defendant's representative office is located, or where the torts are done shall have jurisdiction.

Article 266 Actions brought on disputes arising from the performance of the contract for Sino-foreign equityjoint ventures, or Sino-foreign contractual joint ventures, or Sino-foreign cooperative exploration and development of the natural resources in the People's Republic of China shall fall under the jurisdiction of the people's court of the People's Republic of China.

C-XXV Service and Time Period

Article 267 The people's court may serve litigation documents on a party who has no domicile within the territory of the People's Republic of China in the following ways:

(1) in the way specified in the international treaty concluded or acceded to by both the People's Republic of China and the country where the person on whom the serviceis to be made resides; 

(2) by making the service through diplomatic channels;

(3) with respect to the person on whom the service is to be made and who is of the nationality of the People's Republic of China, the service may be entrusted to the embassy or consulate of the People's Republic of China accredited to the country where the person resides;

(4) by making the service on the agent ad litem who is authorized by the person on whom the service is to be made;

(5) by serving the documents on the representative office established in the People's Republic of China by the person on whom the service is to be made or on its branch office or business agent there who has the right to receive the documents;

(6) by making the service by mail if the law of the country where the person on whom the service is to be made resides so permits. In the event that the receipt of delivery is not returned six months after the date on which the documents were mailed, and that circumstances justify the assumption that the service has been made, the service shall be deemed completed upon the expiration of the said time period; or

(7) Processis served by fax, email or any other means capable of confirming receipt by the person to be served.

(8) by making the service by public notice, if none of the above-mentioned methods can be employed. The service shall be deemed completed six months after the date on which the public notice was issued.

Article 268 If the defendant has no domicile within the territory of the People's Republic of China, the people'scourt shall serve a copy of the statement of complaint on the defendant and notify him to submit his defence within 30 days after he receives the copy. If the defendant requests an extension of the period, the extension shall be at the discretion of the people's court.

Article 269 If a party who has no domicile within the territory of the People's Republic of China is not satisfied with a judgment or written order made by the people’s court of first instance, he shall have the right to file an appeal within 30 days from the date the written judgment or order is served. If he were an appellee, he shall submit his defence within 30 days after receiving the copy of the appeal petition. If the party who is unable to file an appeal or submit a defense within the period prescribed by the law requests an extension of the period,the people's court shall decide whether to grant it or not.

Article 270 The period for the trial of civil cases involving foreign element by the people's court shall not be restricted by the provisions of Articles 149 and 176 of this Law.

C-XXVI Arbitration

Article 271 In the case of a dispute arising from the foreign economic trade, transportation or maritime activities, if the parties have had an arbitration clause in the contraction concerned or have subsequently reached a written arbitration agreement stipulating the submission of the dispute for arbitration to an arbitral organin the People's Republic of China handling cases involving foreign element, or to any other arbitral body, they may not bring an action in the people’s court.

If the parties have not had an arbitration clause in the contract concerned or have not subsequently reached a written arbitration agreement, they may bring an action in the people’s court.

Article 272 If a party has applied for preservation measures, the arbitral organ of the People's Republic of China handling cases involving foreign element shall refer the party's application for a decision to the intermediate people's court in the place where the party against whom the application is made has his domicile or where his property is located.

Article 273 In the case in which an award has been made by the arbitral organ of the People's Republic of China handling cases involving foreign element, the parties may not bring an action in the people’s court. If one party fails to comply with the arbitral award, the other party may apply for its enforcement to the intermediate people'scourt in the place where the party against whom the application for enforcementis made has his domicile or where his property is located.

Article 274  A people's court shall, after examination and verification by a collegial panel of the court, make a written order not to allow the enforcement of the award rendered by the arbitral organ of the People's Republic of China handling cases involving foreign element, if the party against whom the application for enforcement is made furnishes proof that:

(a) the parties have not had an arbitration clause in the contract or have not subsequently reached a written arbitration agreement;

(b) the party against whom the application for enforcement is made was not given noticefor the appointment of an arbitrator or for the inception of the arbitration proceedings or was unable to present his case due to causes for which he is not responsible;

(c) the composition of the arbitration tribunal or the procedure for arbitration was not in conformity with the rules of arbitration; or

(d) the matters dealt with by the award fall outside the scope of the arbitration agreement or which the arbitral organ was not empowered to arbitrate.

If the people's court determines that the enforcement of the award goes against the social and public interest of the country, the people's court shall make a written order not to allow the enforcement of the arbitral award.

Article 275 If the enforcement ofan arbitral award is disallowed by a written order of the people’s court, the parties may, in accordance with the written arbitration agreement reached between them, apply for arbitration again, or bring an action in the people’s court.

C-XXVII Judicial Assistance

Article 276 In accordance with the international treaty concluded or acceded to by thePeople's Republic of China or with the principle of reciprocity, the people'scourts of China and foreign courts may make mutual requests for assistance in the service of legal documents, the investigation and collectionof evidence or other litigation actions.

The people's court shall not render the assistance requested by a foreign court if it impairs the sovereignty, security or social and public interest of the People's Republic of China.

Article 277 The request for the providing of judicial assistance shall be effected through channels provided inthe international treaty concluded or acceded to by the People's Republic ofChina. In the absence of such a treaty, it shall be effected through diplomatic channels.

A foreign embassy or consulate accredited to the People's Republic of China may serve documents on its citizens and make investigation and collection of evidence among them, provided that the law of the People's Republic of China is not violated and no compulsory measures are taken.

Except of the conditions provided in the preceding paragraph, no foreign organization orindividual may, without the consent of the competent authorities of the People's Republic of China, serve documents, make investigation or collect evidence within the territory of the People's Republic of China.

Article 278 The letter of request for judicial assistance and its annexes sent by a foreign court to the people’scourt shall be appended with a Chinese translation or a text in any other language or languages specified in the relevant international treaty.

The letter of request and its annexes sent to a foreign court by the people’s court for judicial assistance shall be appended with a translation in the language ofthat country or a text in any other language or languages specified in the relevant international treaty.

Article 279 The judicial assistance provided by the people's court shall be rendered in accordance with the procedure prescribed by the law of the People's Republic of China. If a special form of judicial assistance is requested by a foreign court, it may also be rendered, provided that the special form requested does not contradict the law of the People's Republic of China.

Article 280 If a party applies for enforcement of a legally effective judgment or written order made by the people’s court, and the opposite party or his property is not within the territory of the People's Republic of China, the applicant may directly apply for recognition and enforcement to the foreign court which has jurisdiction. The people's court may also, in accordance with the relevant provisions of the international treaty concluded or acceded to by the People’s Republic of China, or with the principle of reciprocity, request recognition and enforcement by the foreigncourt.

If a party applies for enforcement of a legally effective arbitral award made by the arbitral organ in the People's Republic of China handling cases involving foreign element and the opposite party or his property is not within the territory of the People's Republic of China, he may directly apply for recognition and enforcement of the award to the foreign court which has jurisdiction.

Article 281 If a legally effective judgment or written order made by a foreign court requires recognition and enforcement by the people’s court of the People's Republic ofChina, the party may directly apply for recognition and enforcement to the intermediate people's court of the People's Republic of China which has jurisdiction. The foreign court may also, in accordance with the provisions of the international treaties concluded or acceded to by both the foreign country and the People's Republic of China or with the principle of reciprocity, request recognition and enforcement by the people’s court.

Article 282 In the case of an application or request for recognition and enforcement of a legally effective judgment or written order of a foreign court, the people's court shall, after examining it in accordance with the international treaty concluded or acceded to by the People's Republic of China or with the principle of reciprocity and arriving at the conclusion that it does not contradict the basic principles of the law of the People's Republic of China nor violates State sovereignty,security and social and public interest of the country, recognize the validity of the judgment or written order, and if required, issue a writ of execution to enforce it in accordance with the relevant provisions of this Law. If the application or request contradicts the basic principles of the law of thePeople's Republic of China or violates the state sovereignty, security and social and public interest of the country, the people's court shall not recognize or enforce it.

Article 283 If an award made by a foreign arbitral organ requires the recognition and enforcement by the people’s court of the People's Republic of China, the party concerned shall directly apply to the intermediate people's court in the place where the party subjected to enforcement has his domicile or where his property is located. The people's court shall deal with the matter in accordance with the international treaties concluded or acceded to by the People's Republic of China or with the principle of reciprocity.

Article 284 This Law shall come into force as of the date of promulgation, and the Civil Procedure Law of thePeople's Republic of China (for Trial Implementation) shall be abrogated simultaneously.