The 2023 Chinese Civil Procedure Amendments: Qualified Adherence to International Principles Unilateral Observance of Basic International Legal Principles

Abstract

On 1 September 2023, the Standing Committee of the National People’s Congress revised the Civil Procedure Law (CLP), which was initially enacted in 1991 and amended in 2007, 2012, 2017 and 2021. The changes, which took effect on 1 January 2024, primarily concern foreign-related procedure. This article discusses the new amendments with a particular focus on the revisions to foreign-related civil procedure. Going forward, Chinese courts can be expected to claim international jurisdiction more frequently in foreign-related proceedings. The legislature has added to the CLP a new provision on forum non conveniens as well as provisions on concurrent jurisdiction and competing judgments in international civil disputes. The procedure for recognising and enforcing foreign judgments demonstrates that the legislature has upheld basic principles of international law insofar as these are in China’s interest. As for international arbitral awards, the revised CLP refers no longer to the seat of the arbitral institution but rather to the place where the arbitration was held. This suggests that foreign arbitral institutions may be expected to hold more arbitrations in China. The amendments to the CLP on proceedings without a foreign connection are predominantly adjustments to conform to other laws revised or newly adopted since the previous version of the CLP.