Questions on Filing Commercial Cases Involving Foreign Affairs

What qualification certificates should foreigners or residents of Hong Kong, Macao, and Taiwan submit for litigation?

Answer: Foreigners who participate in litigation must submit identification documents such as passports and entry documents to prove their identity; Residents of Hong Kong, Macao, and Taiwan must submit personal identification documents.

What are the requirements for a power of attorney?

Answer: (1) Foreign parties or parties from Hong Kong, Macao, and Taiwan who do not have a residence within the territory of our country, who entrust Chinese lawyers or other people to represent them in litigation, need to handle the corresponding notarization and authentication procedures for the power of attorney sent or entrusted from outside the territory of our country or the mainland. Representatives of natural persons, enterprises, or organizations from foreign countries and Hong Kong, Macao, and Taiwan regions who sign authorization letters within the territory of China must submit a certificate notarized by a notary institution in China; For those who handle the authorization procedures in person in the court, the judge may witness their signing of the authorization letter in accordance with the law. (2) Foreign parties in foreign-related civil litigation can entrust their own country as their litigation agent, or entrust their own country’s lawyer to act as their litigation agent in a non lawyer capacity; Officials of foreign embassies and consulates in China may act as agents ad litem in their personal names upon the commission of domestic citizens, but they do not enjoy diplomatic or consular privileges and immunities in litigation.