A cross-border civil dispute involving China requires separate decisions about forum, governing law, procedure and enforceability. A contractual choice of law does not necessarily select a court, and a jurisdiction clause does not determine which substantive law the court will apply.
Map every party, habitual residence, place of incorporation, contract, performance, asset, harmful event and pending proceeding. Preserve the jurisdiction and governing-law clauses, service details, foreign-law materials and enforcement targets before choosing where and how to proceed.
Subject to editorial and legal review. Foreign-related procedure and conflicts rules are technical and fact-sensitive. Treat Mainland China, Hong Kong, Macao and Taiwan issues under their applicable special frameworks.
Confirm the foreign element
Identify the nationality, habitual residence, registration place and principal place of business of each party, plus where the legal facts, subject matter and performance occurred. Characterisation is governed by the law of the forum and can determine which conflict rule applies.
Separate forum from governing law
Read court, arbitration and governing-law clauses independently. Confirm scope, exclusivity, formal validity, incorporated terms, non-signatories and mandatory jurisdiction. A PRC court may have jurisdiction through an agreed forum, statutory connecting factor, appropriate connection, submission or exclusive-jurisdiction rule.
Test the jurisdiction clause
Under the foreign-related provisions of the Civil Procedure Law, parties may agree in writing to PRC court jurisdiction. Check whether another provision gives exclusive PRC jurisdiction, whether a foreign-court clause is exclusive, and whether sovereignty, security or public interests are implicated. Raise jurisdiction objections within the applicable procedural window.
Determine the applicable substantive law
The Law on the Application of Laws to Foreign-Related Civil Relations permits express party choice only where law allows. Without an effective choice, identify the rule for the particular relationship; where no rule exists, the law of the closest connection applies. Directly applicable mandatory PRC provisions and the public-interest exception can override foreign law.
Contracts and non-contractual claims
For contracts, assess the chosen law or statutory closest-connection rules, while checking special rules for consumer, employment, investment, real estate and other relationships. Torts, unjust enrichment, agency, property, company, family, succession and intellectual-property issues can each have distinct connecting factors. Depeçage may lead to different laws governing different issues.
Prove foreign law
If parties chose foreign law, they must provide it; otherwise the court bears the statutory responsibility to ascertain it. Use legislation, cases, official sources, qualified experts or recognised law-ascertainment channels, with translations and an explanation of validity, interpretation and application. The 2024 judicial interpretation regulates methods, procedure, objections and costs. Failure to establish foreign law can result in PRC law applying.
Parallel proceedings and forum convenience
Check all existing cases and injunctions. The amended Civil Procedure Law addresses parallel PRC and foreign proceedings, possible stays, exclusive clauses and forum non conveniens. Compare filing dates, clause wording, exclusive jurisdiction, convenience, progress, available relief and likely recognition rather than assuming the first filing always controls.
Service, evidence and interim relief
Plan lawful cross-border service, translations, notarisation or authentication where applicable, evidence collection and data transfer. Secure property, evidence or conduct preservation in the forum that can grant effective relief. Foreign discovery demands and evidence-taking must respect PRC procedural, data, secrecy and blocking rules.
Judgments, awards and settlement
Before litigating, test where the counterparty and assets are located and whether the resulting judgment can be recognised. The Civil Procedure Law now states grounds for recognising or refusing foreign judgments, subject to treaties and reciprocity. Arbitration awards, Mainland–Hong Kong arrangements and mediated settlements follow distinct enforcement paths.
Working-file checklist
- Party nationality, residence, registration and control map.
- Forum, arbitration and governing-law clauses.
- Contracting, performance, harm and asset locations.
- Exclusive and mandatory jurisdiction analysis.
- Issue-by-issue conflicts-law matrix.
- Current foreign-law texts, authorities, translations and expert materials.
- Parallel proceedings, orders and service record.
- Evidence, data-transfer and preservation plan.
- Limitation and procedural deadline schedule.
- Recognition and enforcement assessment for each asset jurisdiction.
Official sources
- National People's Congress: Law on the Application of Laws to Foreign-Related Civil Relations
- National People's Congress: 2023 Civil Procedure Law amendments
- Supreme People's Court: foreign-law ascertainment interpretation
- Supreme People's Court: international treaties and usages interpretation
- Supreme People's Court: typical foreign-law ascertainment cases
Law checked: September 11, 2026. Current statutes, interpretations, treaties, arrangements and forum-specific rules control.
