China -  Chinese law firm

I hear that Chinese courts are biased against foreign parties. Is it worth initiating court action against a Chinese party at all?

I hear that Chinese courts are biased against foreign parties. Is it worth initiating court action against a Chinese party at all?

The short answer is that Chinese courts are not particularly biased towards foreign parties, and yes, it is worth going to court against a Chinese party if one feels that one has a case. Generally speaking, Chinese laws provide equal protection to both domestic parties and foreign parties. That being said, it is true that local protection (favoritism of local parties by the authorities) has not entirely been eradicated. The level of local protectionism often depends on where the suit is brought. The judges in most of the large Eastern cities, such as Beijing and Shanghai, are extremely well educated, informed, and fair.

 


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