What legal remedies are available in China?

In China, legal remedies are available depending on the nature of the dispute. In civil and business disputes, China has established an arbitration system, civil court system, and mediation system. Arbitration involves two parties to a dispute who agree to have a third, neutral party judge the case. The outcome is legally binding, but parties are not able to appeal the decision and are obligated to abide by it. This can be a quicker and more cost effective option when compared to civil court proceedings. The civil court system allows parties to file a lawsuit in a court of law, usually through a local or higher court. If the dispute is complex, parties can file a case in the Supreme People’s Court (SPC). The civil court system gives parties the right to appeal and it is the last resort of appeal in the civil justice system. Finally, the mediation system is the most commonly used settlement option in China. It is designed to resolve disputes through negotiation, with the help of a mediator. Both parties must agree to the settlement and the mediator is usually a professional arbitrator or lawyer. All three of these systems are intended to resolve disputes as efficiently and cost-effectively as possible, and to ensure that both parties to the dispute are satisfied with the outcome.

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