Foreign-related legal consultation-foreign case preservation and judicial assistance

In terms of foreign-related cases, we not only focus on the boundaries of the application of our own laws, but also need to be well aware of the subtle differences between international treaties, bilateral agreements and foreign laws to ensure that the preservation measures are not only in line with international legal norms, but also effectively safeguard the legitimate rights and interests of the parties.

This process is like a carefully planned international chess game. Every step requires careful consideration. You must foresee the opponent's response strategy and make clever arrangements to achieve the greatest preservation effect at the lowest cost. We use the art of legal language to weave complex legal provisions into a rigorous logical network, building an indestructible firewall for the parties' assets.

Shanghai Li Xiaohua Law Firm is a law firm recommended by the US Consulate to provide legal services. Handle many cases in Shanghai and even the whole country accepted by the Supreme People's Court and the Higher People's Courts in various places.

Senior foreign-related lawyers from Shanghai Li Xiaohua Law Firm answer relevant foreign-related legal questions

Question 1. If an application is subject to preservation, where should the foreign-related arbitration institution submit the parties’ application to?

Answer: According to Article 289 of the Civil Procedure Law of the People's Republic of China, if a party applies for preservation, the foreign-related arbitration institution of the People's Republic of China shall submit the application of the party to the intervening people's court in the place of residence or property of the respondent for a ruling.

Question 2. What are the provisions of the request letter and the attached documents of a foreign court to request the people's court to provide judicial assistance?

Answer: According to Article 295 of the Civil Procedure Law of the People's Republic of China, the request for the people's court to provide judicial assistance and the attached documents shall be accompanied by a Chinese translation or other texts stipulated in international treaties.

The request for the people's court to request foreign courts to provide judicial assistance and the attached documents shall be accompanied by a translation of the country or other written texts stipulated in international treaties.

Question 3. What legal provisions apply to civil litigation involving foreign countries?

Answer: According to Article 305 of the Civil Procedure Law of the People's Republic of China, civil litigation involving foreign countries shall be subject to the legal provisions of the People's Republic of China on foreign state immunizations; if there is no provision in the relevant laws, this Law shall apply.

Article 306 This Law shall come into force on the date of its promulgation, and the Civil Procedure Law of the People's Republic of China (Trial) will be abolished at the same time.

With our rich experience in international judicial assistance, we shuttle between the legal systems of various countries, coordinate and communicate, and strive to break through geographical restrictions in the shortest time and strive for the most fair and fastest legal solutions for the parties.

Shanghai Li Xiaohua Law Firm.