Challenges relating to evidence collection within China by foreign parties

0
2409
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

For foreign and domestic parties alike, collection of evidence within China can raise some interesting and specific issues. Such evidence may be foundational for a dispute before a PRC court or arbitral institution, a foreign lawsuit which has Chinese elements, or for a party seeking to identify assets within China.

KWM_pic

In some situations, foreign parties will have access to the evidence on which they seek to rely to support their allegations. In other cases, attempting to gather evidence within China requires a party to navigate what can be a seemingly difficult legislative and administrative tapestry. This is particularly so given discovery is not a process that is directly reflected in the Chinese Civil Procedure Law (CPL) and that under Chinese law, lawyers are not permitted to take depositions in China for use in foreign courts.

Depending on the purpose for which the party requires the evidence, foreign parties may be required to consider:

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Liu Yuwu (Anthony) is a partner and Zhang Jun (James) is an associate at King & Wood Mallesons in Beijing. Louise England is a solicitor at the firm in Melbourne

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link