How to make an international litigation in a law court of China

Making an international litigation means that you’re going to file a litigation against someone that’s abroad or in which the case took place overseas or have any other factors relating to a foreign country.For expats or international busniess, sometimes you may be cheated or have a dispute with the counteryparty.

When it can’t be dissovled by a non-litigation means, Then you may consider having a litigation against the opposing party. Herebelow we take the litigation in China as an example to illustrate how to make an international litigation.
Firstly you need to identify you case, it’s of civil nature, commercial nature, administrative nature, or criminal nature. Cases of different category may have a different proceedings to follow as per the laws of China.
Secondly, you should search about the jurisdiction of law court. Which law court you should take your case to? For general contract dispute, the forum should be the one where the defendant is domiciled or where the contract is performed.
Thirdly, the standards of the registration for a civil case:

  • the plantiff should be an individual, legal person or other organizations, and has a direct interest in the case
  • There is a definite defendant
  • there is a specific claim and a specific factual basis and grounds
  • It’s in the scope of civil litigation acceptable by People’s law court and within the jurisdiction of the law court which the case is submitted to

Then you need to prepare the letter of claim and other documents to go to court. If you don’t understand thoroughly about the laws of China, you’d better to go to a lawyer before you go to a law court.

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