Guangdong-Hong Kong-Macao Greater Bay Area Cross-border
Commercial One-stop Dispute Resolution Platform

In order to facilitate the participation of Chinese and foreign parties in legal proceedings before the people's courts, the questions and answers are prepared in accordance with relevant laws, judicial interpretations, and judicial practices in civil and commercial trials involving foreign elements, Hong Kong, Macao, and Taiwan.

1. Scope of Application

Q1: What are civil and commercial cases involving foreign elements, Hong Kong, Macao, and Taiwan?

Foreign-related civil and commercial cases refer to civil and commercial cases that involve foreign elements, including:

(1) cases where one or both parties involved are foreign individuals, stateless persons, foreign entities or organizations;

(2) cases where one or both parties involved have their habitual residence outside the territory of the People's Republic of China;

(3) cases whose subject matter is located outside the territory of the People's Republic of China;

(4) cases where the legal facts that establish, modify, or terminate civil relationships occur outside the territory of the People's Republic of China; and

(5) cases that can be determined as foreign-related civil and commercial cases.

Civil and commercial cases involving Hong Kong, Macao, and Taiwan refer to those involving elements related to Hong Kong, Macao, and Taiwan. The standards for determining Hong Kong, Macao, and Taiwan-related elements can be referred to the provisions mentioned above regarding foreign-related civil and commercial cases.

2. Jurisdiction

Q2: What are the jurisdictional thresholds of first-instance civil and commercial cases involving foreign elements, Hong Kong, Macao, and Taiwan before the people's courts at various levels in Guangdong Province?

(1) The High People's Court of Guangdong Province has jurisdiction over first-instance civil and commercial cases involving foreign elements, Hong Kong, Macao, and Taiwan with an amount in dispute of RMB 5 billion or above.

(2) The jurisdiction standards for Guangzhou Intermediate People's Court and primary people's courts are as follows:

i. Guangzhou Intermediate People's Court has jurisdiction over first-instance civil and commercial cases involving foreign elements, Hong Kong, Macao, and Taiwan, with an amount in dispute of RMB 40 million or above.

ii. Yuexiu Primary People's Court, Guangzhou and Nansha Primary People's Court, Guangzhou (Nansha Primary People's Court of the Guangdong Free Trade Zone) have centralized jurisdiction over four categories of first-instance commercial cases involving foreign elements, Hong Kong, Macao, and Taiwan, with an amount in dispute below RMB 40 million, including: a) disputes over security interests (limited to disputes where the principal contracts involve commercial or financial transactions), b) commercial contract disputes, c) disputes involving companies and partnerships, and d) disputes related to securities, futures, trusts, insurance, and other financial derivatives.

Specifically, Yuexiu Primary People's Court, Guangzhou has centralized jurisdiction over the above four categories of cases within the jurisdiction of the primary people's courts of Haizhu District, Liwan District, Baiyun District, Huadu District, and Conghua District of Guangzhou City; Nansha Primary People's Court, Guangzhou (Nansha Primary People's Court of the Guangdong Free Trade Zone) has centralized jurisdiction over the above four categories of cases within the jurisdiction of the primary people's courts of Tianhe District, Huangpu District, Panyu District, and Zengcheng District of Guangzhou City.

For other first-instance civil and commercial cases involving foreign elements, Hong Kong, Macao, and Taiwan with an amount in dispute below RMB 40 million that do not fall within the scope of centralized jurisdiction shall be under the jurisdiction of appropriate primary people's courts in Guangzhou.

(3) The jurisdiction standards for Shenzhen Intermediate People's Court and primary people's courts are as follows:

i. Shenzhen Intermediate People's Court has jurisdiction over first-instance civil cases involving foreign elements, Hong Kong, Macao, and Taiwan, with an amount in dispute of RMB 40 million or above; appropriate primary people's courts have jurisdiction over first-instance civil cases involving foreign elements, Hong Kong, Macao, and Taiwan, with an amount in dispute below RMB 40 million.

ii. Shenzhen Intermediate People's Court has jurisdiction over first-instance commercial cases involving foreign elements, Hong Kong, Macao, and Taiwan, with an amount in dispute of RMB 50 million or above. Qianhai Cooperation Zone Primary People's Court, Shenzhen has centralized jurisdiction over first-instance commercial cases involving foreign elements, Hong Kong, Macao, and Taiwan with an amount in dispute below RMB 50 million within the jurisdiction of Shenzhen City.

(4) Zhuhai Intermediate People's Court has jurisdiction over first-instance civil and commercial cases involving foreign elements, Hong Kong, Macao, and Taiwan, with an amount in dispute of RMB 40 million or above. The Primary People's Court of Guangdong-Macao In-Depth Cooperation Zone in Hengqin has centralized jurisdiction over first-instance civil and commercial cases involving foreign elements, Hong Kong, Macao, and Taiwan with an amount in dispute below RMB 40 million.

(5) In prefecture-level cities other than Guangzhou, Shenzhen, and Zhuhai, intermediate people's courts have jurisdiction over first-instance civil and commercial cases involving foreign elements, Hong Kong, Macao, and Taiwan, with an amount in dispute of RMB 40 million or above, and primary people's courts have jurisdiction over first-instance civil and commercial cases involving foreign elements, Hong Kong, Macao, and Taiwan, with an amount in dispute below RMB 40 million.

(6) Guangzhou Maritime Court has jurisdiction over first-instance maritime cases involving foreign elements, Hong Kong, Macao, and Taiwan, with an amount in dispute below RMB 5 billion.

The above standards do not apply to cases involving foreign elements, Hong Kong, Macao, and Taiwan that relate to intellectual property disputes, eco-environmental damages disputes, or environmental civil public interest lawsuits. For relevant jurisdiction standards for these specific cases, please refer to Several Provisions of the Supreme People's Court on the Jurisdiction of First-Instance Civil and Administrative Cases Involving Intellectual Property, the Notice of the Supreme People's Court on Issuing Jurisdictional Standards for Primary People's Courts over First-Instance Civil and Administrative Cases Involving Intellectual Property, the Provisions of the Supreme People's Court on the Jurisdiction of Intellectual Property Courts in Beijing, Shanghai and Guangzhou, the Notice of the Supreme People's Court on Adjusting Jurisdictional Standards for People's Courts at All Levels Over First-Instance Civil Cases Involving Intellectual Property, Reply of the Supreme People's Court on Approving Continued Jurisdication over Patent and Other Intellectual Property Cases within Two-Level Courts in Shenzhen, Several Provisions of the Supreme People's Court on the Hearing of Eco-Environmental Damages Cases (Trial), the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Hearing of Environmental Civil Public Interest Lawsuits, and the Notice of the High People's Court of Guangdong Province on Adjusting the Courts of Centralized Jurisdiction and Territorial Scope of Jurisdiction for Environmental Civil Public Interest Lawsuits.

3. Litigation Participants

Q3: What types of identity documents can foreign citizens and residents of Hong Kong, Macao, and Taiwan submit when participating in litigation?

Valid identity documents including passport, Hong Kong permanent identity card, Macao resident identity card, residence permit for Hong Kong, Macao, and Taiwan residents, mainland travel permit for Hong Kong and Macao residents, and mainland travel permit for Taiwan residents.

Q4: What are the requirements for identity documents submitted by a foreign entity or organization when participating in litigation?

A foreign entity or organization is required to submit identity documents of the entity or organization itself, together with documents demonstrating the authority of the person representing the entity or organization to participate in the litigation, and to complete the following procedures:

(1) For foreign enterprises or organizations in countries that are parties to the Apostille Convention, the documents mentioned above shall be notarized by a notary public practicing in that country, with an Apostille attached.

(2) For foreign enterprises or organizations in countries that are not parties to the Apostille Convention, the documents mentioned above shall be notarized by a notary public practicing in that country and then legalized by the embassy or consulate of the People's Republic of China in that country.

(3) For foreign enterprises or organizations in countries that have no diplomatic relations with China, the documents mentioned above shall first be notarized by a notary public practicing in that country, then authenticated by the embassy or consulate in that country of a third country that has diplomatic relations with China, and finally legalized by the embassy or consulate of China in that third country.

Q5: What are the requirements for identity documents submitted by an entity or organization from Hong Kong, Macao, and Taiwan when participating in litigation?

An entity or organization from Hong Kong, Macao, and Taiwan is required to submit identity documents of the entity or organization itself, together with documents demonstrating the authority of the person representing the entity or organization to participate in the litigation, and to complete the following procedures:

(1) For entities or organizations from Hong Kong, the documents mentioned above shall first be attested by a China-Appointed Attesting Officer (Hong Kong), and then reviewed and submitted by China Legal Service (H.K.) Ltd. after having its official seal affixed thereto;

(2) For entities or organizations from Macao, the documents mentioned above shall first be attested by a China-Appointed Attesting Officer (Macao), and then verified by China Legal Service (Macao) with an authentication seal affixed thereto;

(3) For entities or organizations from Taiwan, the documents mentioned above shall be notarized in Taiwan, with a copy of the notarial certificate to be mailed by the Straits Exchange Foundation to the Guangdong branch of the China Notary Association and the original notarial certificate to be submitted by the party concerned to the Guangdong branch of the China Notary Association for verification.

4. Litigation Representatives

Q6: Who can foreign parties appoint as their litigation representatives?

Foreign individuals, stateless persons, and foreign entities and organizations that seek lawyers for legal representation in litigation shall appoint lawyers of the People's Republic of China.

Foreign parties may appoint their own nationals as litigation representatives or appoint lawyers of their own country as litigation representatives in a non-lawyer capacity.

Q7: Who can parties from Hong Kong, Macao, and Taiwan appoint as their litigation representatives?

Parties from Hong Kong, Macao, and Taiwan that seek lawyers for legal representation in litigation shall appoint lawyers of the mainland of the People's Republic of China. Additionally, parties from Hong Kong and Macao may appoint lawyers practicing in the Guangdong-Hong Kong-Macao Greater Bay Area to represent them in the capacity of a lawyer.

Parties from Hong Kong, Macao, and Taiwan may appoint local lawyers as their litigation representatives in a non-lawyer capacity.

Q8: How should litigation participants complete authorization procedures?

Parties from foreign countries, Hong Kong, Macao, and Taiwan may sign a power of attorney outside of China and complete appropriate notarization procedures, following the specific requirements outlined in Q4 and Q5.

Alternatively, parties from foreign countries, Hong Kong, Macao, and Taiwan may sign a power of attorney in China and have it notarized by a notary public in China.

Parties from Hong Kong and Macao may appoint lawyers practicing in the Guangdong-Hong Kong-Macao Greater Bay Area as their litigation representatives by signing a power of attorney without further actions.

Taiwan residents holding a residence permit for Taiwan residents may appoint mainland lawyers or any other persons as their litigation representatives by signing a power of attorney without further actions.

Q9: In addition to notarization, are there any other ways for litigation participants to complete authorization procedures?

Yes, foreign citizens and residents of Hong Kong, Macao, and Taiwan may sign a power of attorney in the presence of judges of the people's courts, without the need for notarization or other certification procedures.

Representatives of entities or organizations in foreign countries, Hong Kong, Macao, and Taiwan may, upon presentation of their personal identity documents, along with such necessary authorization documents (e.g., resolutions of the board of directors or shareholders) as duly notarized, certified or attested, as the case may be, sign a power of attorney in the presence of judges of the people's courts to appoint lawyers or any other persons as their litigation representatives.

Additionally, foreign citizens and residents of Hong Kong, Macao, and Taiwan may opt for witnessed authorization procedures conducted through AOL Authorized Witness Services and other online video methods.

5. Time Limits for Defense and Appeal

Q10: What are the time limits for defense and appeal in civil and commercial cases involving foreign elements, Hong Kong, Macao, and Taiwan?

The time limit for defense and appeal shall be 30 days for parties who do not have a domicile in the mainland of the People's Republic of China, or 15 days for those who have a domicile inside the territory of the People's Republic of China.

6. Evidence

Q11: What are the certification requirements for evidence generated outside the territory of China?

In principle, evidence generated outside the territory of China does not need to undergo notarization, authentication, or other certification procedures, except in the following circumstances:

(1) Evidence related to identity relationships formed outside the territory of China shall be notarized (with an Apostille) or notarized and authenticated depending on whether the country where the evidence is generated is a party to the Apostille Convention;

(2) Official written evidence generated outside the territory of China shall be certified by a notary public of the country where they are located or undergo appropriate certification procedures unless the authenticity of the official written evidence can be verified online or both parties have no objection to the authenticity thereof.

Written materials submitted in a foreign language shall be accompanied by Chinese translations.

7. Court Translation and Interpretation

Q12: Are parties allowed to use foreign languages in court proceedings? What if they don't understand Chinese?

The people's courts use the common language of the People's Republic of China when trying foreign-related civil and commercial cases. If a party requests translation and interpretation, one can be provided at the costs and expenses of the requesting party.

8. Ascertainment of Foreign Laws

Q13: Under what circumstances do parties need to provide foreign laws to the people's courts?

Where parties choose to apply the laws of a foreign country or Hong Kong, Macao, and Taiwan, they must provide such foreign laws.

Where foreign laws shall be applied according to law, parties may provide such foreign laws.

Q14: What are the requirements for foreign laws provided by parties?

Parties must submit the specific provisions of the foreign laws and provide explanations regarding their accessibility, effectiveness, and relevance to the matter in dispute. For case law systems, the full text of precedents shall also be submitted.

Q15: How can parties ascertain foreign laws?

Parties may inquire about foreign laws through the Guangdong-Hong Kong-Macao Greater Bay Area Legal Ascertainment Platform, or seek assistance from entrusted legal ascertainment service agencies, Chinese and foreign law experts, and other relevant sources.

9. Online Litigation Services

Q16: Can parties engage in online cross-border litigation?

Yes, parties can engage in online cross-border litigation through Guangdong Court Litigation Service Network or the WeChat mini program “Guangdong Justice”. Once parties register and verify their identities on these online platforms, they can perform a range of litigation activities, including online case filing, online court hearings, and submission of evidence.

10. Alternative Dispute Resolution Methods

Q17: Besides litigation, are there other methods available for resolving disputes?

Apart from litigation, mediation and arbitration are two commonly used alternative methods available for resolving civil and commercial disputes.

Parties may check the list of mediators on the mediation platform of the Guangdong Court Litigation Service Network and engage in mediation before litigation. Mediation during litigation may also be conducted under the auspices of judges

If parties choose to resolve disputes by arbitration, a legal and valid arbitration agreement must be in place.