In order to facilitate the parties to resolve disputes through the Shanghai International Commercial Court, the Procedures are formulated in accordance with the Civil Procedure Law of the People’s Republic of China and other laws and judicial interpretations, and in light of the current practices of foreign-related commercial trials in the Shanghai courts.

Chapter 1 General Provisions

Article 1. The Shanghai International Commercial Court is a specialized international commercial judicial institution established within Shanghai First Intermediate People’s Court with the approval of the Supreme People’s Court and exercises cross-regional jurisdiction over foreign-related commercial cases.

Article 2. The Shanghai International Commercial Court hears foreign-related commercial cases fairly and efficiently in accordance with the law, equally protects the legitimate rights and interests of both Chinese and foreign parties, and ensures that all parties can fully exercise their litigation rights.

Article 3. The Shanghai International Commercial Court is equipped with professional trial teams, enhancing international commercial trial system and working mechanism, improving the quality and efficiency of international commercial trials, and reducing the economic and time costs of litigation for the parties.

Article 4. The Shanghai International Commercial Court supports online processes for case acceptance, payment, service of process, mediation, file inspection, evidence exchange, pretrial preparation and hearings, etc., in order to provide convenience for litigation participants.

Article 5. The Shanghai International Commercial Court provides the parties with “one-stop” diversified dispute resolution service with organic connections between litigation, mediation and arbitration, respecting the parties’ autonomy of will in accordance with the law and fully respecting the parties’ choice of dispute resolution methods.

Article 6. The Shanghai International Commercial Court shall establish a “one-stop” litigation service center, which is responsible for reception of the parties, acceptance and management of cases, and coordination of the connection between litigation and alternative dispute resolution methods such as mediation and arbitration. It focuses on integration of resources, and actively collaborates with professional institutions to provide centralized support services such as bilingual service, foreign language translation, ascertainment of foreign laws, foreign-related notarization, and retrieval of foreign-related legal resources for both Chinese and foreign parties.

Article 7. The Shanghai International Commercial Court adheres to the concept of talent-driven development, builds a highland for foreign-related judicial talents, and focuses on cultivating high-level foreign-related legal professionals. The Court actively conducts research on the theory and practice of international commercial trials, summarizes trial experience, publishes representative cases, promoting the formation of trial mechanism and judgment standards that align with international norms, and facilitating the modernization of the foreign-related commercial trial system and trial capacity.

Chapter 2 Jurisdiction

Article 8. Pursuant to the approval of the Supreme People’s Court and the jurisdiction adjustment regulations of the Shanghai High People’s Court, the Shanghai International Commercial Court has centralized jurisdiction over the following cases that were under the jurisdiction of the intermediate people’s courts in Shanghai in accordance with the law:

(1) Foreign-related commercial cases;

(2) Cases applying for the recognition and enforcement of foreign courts’ civil and commercial judgments and rulings;

(3) Cases concerning the confirmation of foreign-related mediation agreements;

(4) Commercial cases related to foreign-invested enterprises, such as their formation, capital contribution, shareholder eligibility confirmation, profit distribution, merger, division, and dissolution;

(5) Commercial cases where one of the parties is a wholly foreign-owned enterprise;

(6) Cases of judicial review of arbitration (cases applying for the confirmation of the validity of arbitration agreements, cases applying for the setting aside arbitration awards, cases applying for the recognition and enforcement of foreign arbitration awards, cases where arbitration parties apply for property preservation, behavioral preservation, evidence preservation, and arbitration investigation orders);

(7) Other cases that can be adjudicated by the Shanghai International Commercial Court.

The aforementioned cases do not include bankruptcy-related cases and those which shall be adjudicated by specialized people’s courts, such as intellectual property cases, maritime and admiralty cases, and financial commercial cases in accordance with the law.

Article 9. For purposes of the Procedures, foreign-related commercial cases refer to cases where, in accordance with the provisions of the Chinese law, either party or both parties are foreign nationals, foreign legal persons or other organizations or stateless persons; the habitual residence of either party or both parties is located outside the territory of the People’s Republic of China; the subject matter is located outside the territory of the People’s Republic of China; the legal fact that leads to the establishment, alteration or termination of commercial relationship happens outside the territory of the People’s Republic of China; and other circumstances under which the cases may be determined as foreign-related commercial cases.

Article 10. The Shanghai International Commercial Court, through the issuance of Consensual Jurisdiction Model Clauses, actively regulates and encourages both Chinese and foreign parties to submit international commercial disputes to its jurisdiction by agreements.

Chapter 3 Litigation Participants

Article 11. Foreign nationals who participate in litigation shall submit passports and other documents to verify their identity.

Foreign enterprises or organizations who participate in litigation shall submit identification documents. The identity document should be legalized by the notary office in the home country and certified by the embassy or consulate of the People’s Republic of China in that country, or has undergone the legalization formalities prescribed in the relevant treaty concluded by the People’s Republic of China and that country.

A person who represents a foreign enterprise or organization in litigation shall submit a certificate to act as a representative in the litigation, which should be legalized by the notary office in the home country and certified by the embassy or consulate of the People’s Republic of China in that country, or has undergone the legalization formalities prescribed in the relevant treaty concluded by the People’s Republic of China and that country.

If the above documents meet the conditions to apply the Convention Abolishing the Requirement of Legalization for Foreign Public Documents, consular authentication is not required.

Article 12. Where a foreign national, a stateless person or a foreign enterprise or organization need to entrust a lawyer to institute or respond to actions in the Shanghai International Commercial Court, they must retain a lawyer of the People’s Republic of China.

A foreign party may entrust a person of the home country as the litigation representative, or entrust a lawyer from the home country to be the litigation representative in the capacity of a non-lawyer. Foreign officials of embassies and consulates in China, entrusted by their own citizens, may act as litigation representative in their own names, but shall not enjoy diplomatic or consular privileges and immunities in litigation.

Article 13. Where a foreign national, a stateless person or a foreign enterprise or organization without a domicile within the territory of the People’s Republic of China needs to be represented by a lawyer or any other person of the People’s Republic of China in an action, the power of attorney posted or forwarded from outside the territory of the People’s Republic of China is valid only after it has been legalized by a notary office in the home country and authenticated by the Chinese embassy or consulate stationed in that country or has undergone the legalization formalities prescribed in the relevant treaty concluded by the People’s Republic of China and that country.

If the above documents meet the conditions to apply the Convention Abolishing the Requirement of Legalization for Foreign Public Documents, consular authentication is not required.

Article 14. Where the foreign parties authorize litigation representatives in a one-time or general manner to represent them in several proceedings such as the first instance and the second instance of a case or in several cases during the same period, and the authorization has been duly certified, the litigation representatives may conduct litigation representation acts within the scope of the power of attorney.

Article 15. Where the representatives of foreign nationals, foreign enterprises or organizations sign the power of attorney under the on-site witnessing or via remote video witnessing by judges of the people’s court, there is no need to go through notarization, authentication, or other certification procedures.

Where the representatives of foreigners, foreign enterprises or organizations sign the power of attorney within the territory of the People’s Republic of China and have it notarized by the notary institutions of the People’s Republic of China, there is no need to go through notarization, authentication, or other certification procedures from the representative’s home country.

Chapter 4 Trial

Article 16. In order to facilitate the participation of both Chinese and foreign parties in litigation and conduct fair and efficient trials of foreign-related cases, the Shanghai International Commercial Court adopts diversified trial models such as in-person court hearings, online court hearings and online asynchronous litigation to hear cases.

Article 17. The Shanghai International Commercial Court may decide whether to hold a pretrial conference according to the circumstances of the case. The pretrial conference may be held in person, via online video or in other ways that the Shanghai International Commercial Court deems appropriate. The content of the pretrial conference also involves arranging for translation, examining and determining the governing laws, clarifying the methods to ascertain foreign laws, determining whether to allow expert committee members to appear in court to provide auxiliary explanations and other matters.

Article 18. With the consent of the parties concerned, the Shanghai International Commercial Court may designate the parties to log in to the online litigation platform respectively within a certain period of time and conduct mediation, exchange of evidence, inquiries, court hearings and other litigation activities under the condition of information symmetry in an asynchronous manner which is known as “online asynchronous litigation”.

The online litigation platform includes the Online Service of the People’s Court, the Shanghai Court Litigation Service Network, and the “Shanghai Court 12368” official account on WeChat and other litigation service platforms.

Article 19. The Shanghai International Commercial Court shall, in accordance with the law, ensure that both Chinese and foreign parties fully exercise their rights to present statements and debate in the litigation process, and actively guide the parties to resolve disputes through negotiation, settlement and other means.

Chapter 5 Review of Overseas Evidence

Article 20. Parties may choose whether to notarize, authenticate, or otherwise certify the overseas evidence they submit, except for the following types of evidence formed outside the territory of the People's Republic of China: public documentary evidence, evidence related to the parties’ litigation qualifications, evidence related to identities and relations, and evidence that the people’s court deems necessary to certify. If the evidence meets the conditions to apply the Convention Abolishing the Requirement of Legalization for Foreign Public Documents, consular authentication is not required.

Article 21. Commercial negotiable instruments in international circulation, evidence obtained through judicial assistance, diplomatic channels, or Chinese embassies and consulates abroad are exempt from notarization, authentication, or other certification procedures.

Article 22. Regardless of whether overseas evidence has gone through notarization, authentication, or other certification procedures, the Shanghai International Commercial Court shall organize cross-examination by the parties and review and decide it in consideration of the parties’ cross-examination opinions.

If the evidence submitted by a party is in English, with the consent of the other party, the Chinese translation version may not be submitted.

Chapter 6 Ascertainment of Foreign Laws

Article 23. When trying cases, the Shanghai International Commercial Court shall decide the substantive governing law for the disputes in accordance with the Law of the People’s Republic of China on the Application of Laws to Foreign-related Civil Relations.

Where the parties choose the governing law in accordance with the law of application, the law chosen by the parties shall apply.

Article 24. When trying cases in which foreign laws should apply, the Shanghai International Commercial Court, shall ascertain the foreign laws through the methods stipulated by Chinese laws, including but not limited to provision by the parties, provision by judicial assistance channels, provision by relevant embassies and consulates, provision by legal ascertainment service institutions, and provision by Chinese and foreign legal experts.

Article 25. During the process of ascertaining foreign laws, upon the request of the parties, the names of relevant foreign law ascertainment institutions or inquiry platforms may be provided to the parties for their own choice, and the “one-stop” litigation service center may provide facilitation for the parties to obtain relevant consultation information.

Article 26. Where the parties raise objections to the content, interpretation, or application of the ascertained foreign laws, the court shall review and decide the issue in consideration of the cross-examination and certification of the evidence. The Shanghai International Commercial Court actively explore the system for foreign expert witnesses to testify in court, and when necessary, the court may require foreign expert witnesses to appear and testify, so as to clarify the accurate meaning and scope of application of the foreign laws.

Article 27. The ascertained foreign laws shall be taken as the basis for deciding the facts of the case and the application of law, except where its application violates the fundamental principles of the laws of the People’s Republic of China or harms the public interests of China.

Article 28. For cases where the parties apply for the recognition and enforcement of an effective judgment or ruling rendered by a foreign court, the court shall recognize and enforce such judgments or rulings after examination in accordance with the international treaties concluded or acceded to by the People’s Republic of China, or under the principle of reciprocity, where such recognition and enforcement do not violate the fundamental principles of Chinese law or harm the national sovereignty, security, or public interests of China.

Chapter 7 Service of Process

Article 29. For parties without a domicile within the territory of the People’s Republic of China, the Shanghai International Commercial Court shall serve the process in accordance with the provisions of the Civil Procedure Law of the People’s Republic of China and relevant judicial interpretations by means stipulated in international treaties, through diplomatic channels, by entrusting embassies or consulates to serve, by post or by electronic means.

Article 30. The parties shall fill in the Confirmation of Service Address during the time of case-filing and response to specify the valid address for service by post or address for service by electronic means for receiving litigation documents.

Article 31. The Shanghai International Commercial Court encourages the parties to agree on the application of service by electronic means to improve service efficiency.

Chapter 8 Expert Committee

Article 32. The Shanghai International Commercial Court shall establish an international commercial expert committee. The expert committee shall be composed of domestic and foreign experts and scholars, legal practitioners, and industry experts who have extensive theoretical knowledge and practical experience in the field of international commerce.

Article 33. The main responsibilities of the expert committee include: providing professional consulting opinions to the court on trying cases, assisting the court in ascertaining foreign laws, participating in the work of connecting mediation, arbitration, and litigation, and offering opinions and suggestions on international commercial trials.

Article 34. The Shanghai International Commercial Court shall formulate the code of conduct for the expert committee, making clear the procedures of working, the scope of responsibilities, the rights and obligations, and other matters of the expert committee to ensure that the expert committee’s work is carried out in a standardized and orderly manner.

Chapter 9 Support for Dispute Resolution by Arbitration

Article 35. The Shanghai International Commercial Court respects the parties’ intent to arbitrate, supports and supervises arbitration in accordance with the law, and ensures the enforcement of arbitration awards.

Article 36. The Shanghai International Commercial Court respects the parties’ choice of the governing law regarding the validity of the arbitration agreement and their choice of the seat of arbitration.

Article 37. The Shanghai International Commercial Court, in accordance with international conventions and domestic laws, reviews applications for the recognition and enforcement of foreign arbitration awards and grants recognition and enforcement if the conditions are met.

Article 38. Upon the application of the parties, the Shanghai International Commercial Court reviews and promptly makes rulings on arbitration preservation in accordance with the law, ensuring the smooth progress of arbitration proceedings.

Article 39. The Shanghai International Commercial Court shall, in accordance with legal provisions and arbitration rules, provide appropriate assistance to arbitration proceedings, such as aiding in investigations, gathering evidence and issuing investigation orders, etc. This provides support for arbitration institutions to promptly ascertain case facts and make fair rulings in accordance with the law, collectively promoting the development of an “arbitration-friendly” judicial environment.

Article 40. The Shanghai International Commercial Court has established mechanisms for judicial review of arbitration awards, arbitration preservation, electronic case filing assistance, online transfers, and online processing, so as to enhance the circulation and review efficiency of arbitration documents.

Chapter 10 Support for Dispute Resolution by Mediation

Article 41. The Shanghai International Commercial Court supports parties in resolving international commercial disputes through mediation, establishes and refines mechanism to integrate litigation and mediation, and actively introduces arbitration institutions, commercial mediation institutions, industry mediation institutions and other institutions with mediation functions to provide diverse dispute resolution options.

Article 42. With the parties’ consent, the Shanghai International Commercial Court may entrust the case to the international commercial expert committee members or an international commercial mediation institution for mediation. During the mediation process, the Court may provide necessary guidance and assistance as needed.

Article 43. If the parties reach a mediation agreement, the court may confirm and issue a mediation statement in accordance with the law. The mediation statement has the same legal effect as a judgment, and the parties may apply for compulsory enforcement based on the mediation statement.

Article 44. In cases where a mediation agreement is reached and arbitration facilitates enforcement, the Shanghai International Commercial Court supports parties in choosing arbitration confirmation to resolve disputes.

Chapter 11 Digital Empowerment

Article 45. The Shanghai International Commercial Court closely leverages the achievements of digitalization of Shanghai courts, continuously improving the online litigation platform and optimizing systems for online case filing, electronic service of documents, online court hearings, and online asynchronous litigation, thereby enhancing the convenience of system utilization.

Article 46. The Shanghai International Commercial Court makes full use of judicial big data, artificial intelligence, and other modern information technologies to improve the intelligent assistant case-handling system for judges, enhances the comprehensive effectiveness of “data-assisted case handling, data-assisted supervision, data-assisted public convenience, data-assisted social governance, and data-assisted office affairs”, improving the trial quality and efficiency, and facilitating litigation for parties concerned.

Chapter 12 Costs

Article 47. For cases accepted by the Shanghai International Commercial Court, the parties shall pay the case acceptance fees and other litigation costs in accordance with the provisions of the Measures on the Payment of Litigation Costs of the People’s Republic of China.

Article 48. For cases mediated by expert committee members, the parties shall negotiate and settle necessary expenses incurred by expert committee members for the mediation. If negotiation fails, the parties shall jointly bear the cost.

Article 49. For cases mediated by other mediation institutions, the mediation fee shall be charged according to the charging regulations of the mediation institution or mediation platform.

Article 50. The Procedures shall come into force on the date of promulgation.