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Instruction for Online Filing and Registration of International Commercial Cases

From: CICC         Updated: 2021-07-30   

Article 1. Where the parties and/or their litigation agents to an international commercial case submit a first instance complaint or an application for judicial review of arbitration and relevant evidentiary materials through the online filing and registration platform of the Supreme People’s Court (SPC) pursuant to the Civil Procedure Law of the People’s Republic of China, Provisions of the Supreme People’s Court on Several Issues Regarding the Establishment of International Commercial Court, Several Provisions of the Supreme People’s Court on Providing Online Case Filing Services for Parties to Cross-border Litigations, the China International Commercial Court (CICC) of the SPC shall provide online filing and registration services in accordance with the relevant laws and regulations.

Article 2. Parties to an international commercial case may apply for online case filing by clicking the “Litigation Service” button on the “One-Stop” International Commercial Dispute Resolution Platform, which can be accessed via the CICC official website (cicc.court.gov.cn).

Cross-border litigants, when e-filing a case using the “China Mobile Micro Court” WeChat micro-program, may handle the identity verification request in accordance with the Several Provisions of the Supreme People’s Court on Providing Online Case Filing Services for Parties to Cross-border Litigations whenever necessary.

Article 3. CICC accepts the following cases:

(1) first instance international commercial cases in which the parties have chosen the jurisdiction of SPC in accordance with Article 34 of the Civil Procedure Law of the People’s Republic of China, with an amount in dispute of at least RMB 300,000,000;

(2) first instance international commercial cases under the jurisdiction of a high people’s court of which nonetheless the high court considers that the cases should be tried by SPCand have obtained the relevant permission;

(3) first instance international commercial cases that have a significant nationwide impact;

(4) cases where the parties apply for confirmation of the validity of the arbitration agreement or for setting aside the arbitral award, which are subject to Article 14, Paragraph 2, of the Provisions of the Supreme People’s Court on Several Issues Regarding the Establishment of the International Commercial Court

(5) other international commercial cases that SPC deems necessary to be tried by CICC.

Article 4. A commercial case with one of the following circumstances shall be regarded as an international commercial case:

(1) one or both parties are foreigners, stateless persons, foreign enterprises, or other organizations;

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

(3) the object in dispute is outside the territory of the People’s Republic of China;

(4) legal facts that create, change, or terminate the commercial relationship have taken place outside the territory of the People's Republic of China.

Article 5. Parties who apply for online case filing and registration shall submit the following materials online in accordance with Article 8 of the Procedure Rules for the China International Commercial Court of the Supreme People’s Court (For Trial Implementation).

(1) a complaint;

(2) the written agreement that the case shall be under the jurisdiction of SPC, the First CICC or the Second CICC;

(3) the identity certificate of the plaintiff, in the case that the plaintiff is a natural person, or the business license or other registration certificate, and the identification certificate of the legal representative or the person in charge, in the case that the plaintiff is a legal person or an unincorporated organization;

(4) a power of attorney and an identity certificate of the entrusted litigation agent, if applicable;

(5) Relevant evidentiary materials that support the litigation request;

(6) A completed Confirmation of Address for Service;

(7) A completed Request for Opinions on Pre-trial Triage Procedures.

The certification documents specified in item (3) or (4) of this article, if created outside the territory of the People’s Republic of China, shall be certified through measures such as notarization and certification.

Article 6. An “Online Mediation” function is available on the “One-Stop” International Commercial Dispute Resolution Platform of CICC.

For international commercial cases that meet the acceptance conditions after review, the parties may apply for online mediation and agree to select an international commercial mediation center or a member of the International Commercial Expert Committee to conduct online mediation.

Article 7. Litigation materials, electronic information, online messages submitted by the litigants and/or their legal representatives through the online litigation service platform shall not contain information that

(1) violates laws and regulations, discloses state secrets, or undermines national interests;

(2) spreads rumors, disrupts social order, affects social stability;

(3) insults and defames others, or any kind of personal attack, verbal abuse, slander;

(4) includes advertisements;

(5) prohibited by laws and regulations.

The People's Court has the right to delete the litigation materials, electronic information, and online messages that contain the above-mentioned contents, and take measures such as warning, terminating services, and pursuing relevant legal responsibilities against the submitter, depending on the circumstances.

Article 8. Parties and their litigation agents shall use real identities, input accurate contact information, and be ready for contact and communication with the people’s court.

Article 9. In case the online platform is inaccessible due to system maintenance, system failure, or force majeure, please contact CICC of SPC through other means.

Article 10.  Parties and/or their litigation agents will be regarded as having fully read, understood and accepted the terms and conditions in the Instructions after checking off the box: “I have read and accepted the online filing and registration instructions”.


 

*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.