Pre-action assessment
Jurisdiction, limitation periods, standing, the strength of the evidence, preservation options and a realistic view of enforcement.
Services | Litigation & enforcement
Civil litigation representation for foreign nationals in China
Filing, defending and enforcing in Chinese courts — including for clients who cannot travel to China.
Civil litigation before PRC courts, including for clients living abroad
Foreign individuals and companies may participate in civil and commercial proceedings in the courts of the People’s Republic of China. Where a party intends to appoint a lawyer to conduct the litigation, that representative must be PRC-qualified. Proceedings are conducted in Chinese, and the client does not need to speak Chinese in court — counsel handles the filings and the hearings.
Claim and defence documents
Statement of claim, defence, evidence schedules and written submissions in Chinese, with an English or Chinese written explanation for the client.
Evidence and formalities
Guidance on notarisation, apostille or consular legalisation of documents formed outside China, and on certified Chinese translations.
Enforcement and settlement
Enforcement of a judgment or mediation agreement, asset-preservation measures, and negotiation or mediation where it serves the client better.
The power of attorney when you are outside China
Under Article 275 of the Civil Procedure Law of the People’s Republic of China, where a foreign national, stateless person or foreign enterprise without a residence in China appoints a PRC lawyer and sends or delivers the power of attorney from outside China, the document must be proved by a notarial authority in the country where it is made and then legalised by the Chinese embassy or consulate there, or comply with the proof formalities provided by an applicable treaty.
Since the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents took effect for China on 7 November 2023, a power of attorney from a contracting state is notarised and then carries an apostille from that state’s competent authority instead of consular legalisation. For documents from non-contracting states, consular legalisation remains necessary. The same principle generally applies to evidence formed outside China that previously required legalisation. Chinese translations are also routinely required for filings.
Check the requirement before you spend money on it
Which formalities apply depends on where the document is signed, the type of document and the court handling the case. I confirm the exact steps for your situation in writing before you instruct a notary.
Typical procedural path
- 01
Assess the case
Review of contracts, payment records and correspondence; identification of the correct defendant, the competent court and any limitation issue.
- 02
Prepare the authority and evidence
Power of attorney, notarisation and apostille or legalisation, certified translations and an evidence schedule.
- 03
File and preserve
Filing the claim or defence, applying for asset preservation where appropriate, and serving procedural documents.
- 04
Hearing, judgment and enforcement
Written and oral submissions in Chinese before the court, then settlement, appeal or enforcement of the judgment as instructed.
What I will not tell you
- That a case is certain to succeed, or that a specific amount will certainly be recovered
- That a foreign judgment will automatically be enforced in China, or a Chinese judgment overseas
- That a deadline, fee or procedural requirement applies in your case before the documents have been reviewed
Outcome and enforcement risk
A favourable judgment is not the same as recovery. Asset position, preservation timing and the enforcement process are assessed separately and explained candidly.
Ask whether your dispute can be handled from abroad
Tell me where you are, where the other party is, when the dispute arose and what written evidence exists.