China Legal Guides · Litigation spoke

China litigation for foreign companies: pass the forum, evidence and asset gates

Before filing or defending, test the arbitration clause, jurisdiction connection, correct parties, service path, foreign-document calendar, preservation case and collectability.

Decision guide

Operational orientation · Qualified PRC counsel required for fact-specific decisions

Open the workflow Open escalation

Decision principle

A claim is not filing-ready until the forum, evidence, assets and remedy align.

This operational expansion is subject to legal review. PRC jurisdiction, service, evidence, preservation and enforcement are fact-specific; use current procedural law and local court practice for the actual case.

Litigation gates

Move through seven gates before treating court as the route

A failed gate may redirect the matter to arbitration, settlement or another enforcement path.

Time on site

Review the full contract set and objections before filing.

Procedure hold point

Do not self-freeze assets, alter evidence or assume English-language filings will be accepted. Use lawful court procedures and a controlled evidence record.

Litigation brief

Prepare the six-gate case record

Selections remain in this browser.

✓

Clause screened

Collect every forum and governing-law term.

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Parties verified

Use legal names, registration and relationship evidence.

✓

Evidence held

Index originals, translations and foreign formalities.

✓

Assets identified

Document lawful, specific asset leads.

✓

Service planned

Record domestic and overseas addresses and timing.

✓

Recovery budgeted

Include enforcement and insolvency scenarios.

Litigation questions

Common foreign-party questions

Answers remain subject to legal review.

Can a foreign company sue in a PRC court?

Potentially, where jurisdiction and the contract permit it. Confirm the connection, parties and procedure with counsel.

Can assets be preserved before judgment?

Court preservation may be available, but timing, property specificity, jurisdiction and security are fact-specific.

Are foreign documents automatically usable?

No. Translation, authenticity, apostille or other formalities and lawful data handling may be required.

Source station

Use current civil-procedure materials and the specialist routes.

National laws database Dispute resolution pillar Asset preservation workflow Apostille and notarization

Litigation library

Continue into the route that owns the next question

Preservation, debt recovery and foreign-title recognition are separate files.

01 · Urgent relief

Pre-Litigation Asset Preservation

Use when identified assets may move.

Open specialist route →02 · Recovery

Debt Collection Roadmap

Use for evidence, assets and recovery economics.

Open specialist route →03 · Foreign title

Foreign Judgments in China

Use where a foreign court judgment already exists.

Open specialist route →

Escalation

Escalate when service, limitation or assets create a live clock

Counsel should reconcile forum and remedy before irreversible steps.

Proceedings have been servedResponse and jurisdiction deadlines may be running.

Assets may dissipatePreservation analysis is urgent.

Evidence is offshoreFormalities and data-transfer planning need lead time.

Prepare a litigation enquiryProvide contracts, parties, chronology, evidence and assets.

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Educational information only, not legal advice. This operational presentation is subject to legal review. Confirm current PRC law, judicial interpretations, institution rules and local practice against the live facts before acting.