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ARTICLE · 15 JANUARY 2013

Adding More Strings To The Bow: The 2012 Amendments To China's Civil Procedure Law

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In August 2012, the People's Republic of China ("PRC") enacted amendments to its Civil Procedure Law ("CPL").

ChinaLitigation, Mediation & Arbitration

In August 2012, the People's Republic of China ("PRC") enacted amendments to its Civil Procedure Law ("CPL"). These amendments (collectively referred to as the "2012 Amendments") came into force on January 1, 2013 and are the most extensive amendments made to the CPL to date.

This Commentary examines the following eight key changes brought about by 2012 Amendments and assesses their potential impact on future litigation and arbitration conducted in the PRC:

  1. Prospective litigants are required to attempt pre-action mediation.
  2. Mediation agreements can be judicially confirmed and enforced by the courts.
  3. Litigation is required to be conducted in good faith.
  4. Parties have greater freedom of choice of jurisdiction.

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