CHINA Law and Practice Contributed by: Chuanhong Long, Ji Liu and Xiao Jin, CCPIT Patent and Trademark Law Office
the judgment after the hearing. If the facts are clear and the law is simple, the parties may learn the judgment at the hearing and receive the writ- ten judgment within ten days. 7.8 General Timeframes for Proceedings The timeframes for proceedings vary from case to case. In general, domestic parties may receive the first instance judgment in six months of launching the action. For cases involving foreign entities, there is no explicit time limit. The case • Complaint: This is the start of the action. • Defence: A domestic defendant has 15 days from the date of receipt of the complaint to file a defence. If the defendant has no domi- cile in China, the period for filing a defence is 30 days. • Time limit for adducing evidence: The court then sets a time limit for adducing evidence, within which each party may submit evi- dence. The time limit can be extended upon request of the parties. For the first instance, the time period for submitting evidence is no less than 30 days, which may occur about two to three months after filing the complaint. Expert witnesses and requests for judicial appraisal are also subject to the time limit for adducing evidence. • Exchange of evidence: After the time limit for adducing evidence expires, the court orders the parties to exchange evidence. In practice, some courts allow the parties to cross-exam- ine the evidence at this time by summoning them to court, especially for complex cases. • Hearings: After the exchange of evidence, the court schedules a hearing. There may be mul- tiple hearings if the court finds it necessary. Hearings may end when the court believes may take roughly one to two years. A typical timeframe is as follows:
that the facts in dispute have been ascer- tained and a judgment can be made. • Judgment: The parties receive the judgment at this stage. An appeal must be filed within 15 days after receipt of the judgment.
8. Settlement 8.1 Court Approval
In China, parties engaged in a lawsuit have the right to settle the case independently, without the need for court approval. Additionally, the court may play an active role in facilitating a resolu- tion by organising mediation between the par- ties. In such instances, the court issues media- tion agreements to the parties, which become effective upon their receipt. 8.2 Settlement of Lawsuits and Confidentiality Settlements reached between parties can remain confidential. In practice, most settle- ments in China are indeed kept confidential from the public. 8.3 Enforcement of Settlement Agreements When parties independently reach a settlement, they are both obligated to adhere to the terms of the agreement. If the parties wish to have their settlement legally enforceable, they can request a people’s mediation committee to issue settle- ment agreements and then seek the People’s Court’s confirmation of these agreements within 30 days of their effective date. Once confirmed by the court, these agreements become judi- cially enforceable, and either party may apply to the court for enforcement.
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