«New life» of civil and commercial litigation involving foreigners in China (an analytical review of key changes to the 1991 Civil Procedure Law of the PRC)

On September 1, 2023, the Standing Committee of the National People’s Congress, China’s highest legislative body, approved amendments to the Civil Procedure Law of the People’s Republic of China, which will come into force on January 1, 2024. These amendments introduce significant changes to the structure of transnational civil and commercial litigation in China. Based on empirical analysis and comparison of new and old provisions, we have analyzed the most important changes in the Civil Procedure Law of the People’s Republic of China as of January 1, 2024. The 2023 innovations in the 1991 Civil Procedure Law of the PRC as applicable to the international civil and arbitration process are extensive and diverse, they greatly facilitate the lives of Chinese and foreign business entities and law enforcers. Structurally, all changes can be divided into the following large «blocks»: a) jurisdiction issues; b) recognition and enforcement of foreign court decisions in the territory of the PRC; c) interaction between Chinese courts and foreign courts in terms of legal proceedings and with participants in proceedings abroad (technical issues).