Step 3 — Filing

Overview

Filing is where the case formally begins. Whether you litigate or arbitrate, getting the filing right — correct parties, jurisdiction, complete evidence, and paid fees — avoids rejection and delay. Foreign-related filings carry extra requirements for document authentication and representation.

The statement of claim (起诉状 / 仲裁申请书)

The initiating document must set out:

• The parties — full names, registered addresses, and (for companies) their unified social credit code; a defendant that is wrongly identified can derail the case.
• The claims (诉讼请求) — stated precisely, because remedies and fee calculations flow from them.
• The facts and grounds — the contract, the breach, and the legal basis.
• The evidence list — an inventory of the documents supporting the claim.

In court proceedings, the claim is filed with the competent court; in arbitration, a Request for Arbitration is filed with the institution, which then constitutes the tribunal.

Jurisdiction and venue

• Agreement — a valid jurisdiction or arbitration clause governs first.
• Defendant's domicile — the default basis for court jurisdiction.
• Place of performance — relevant for contract disputes, including the location of the party receiving payment or delivery.
• Value thresholds — larger or foreign-related cases go to the intermediate court; smaller ones to the basic court.

Getting venue wrong leads to a transfer or rejection, costing time — so jurisdiction is checked before drafting the filing, not after.

Evidence submission

• Documentary evidence — the backbone of Chinese civil cases. Submit originals (or notarised copies) with a numbered, paginated evidence list.
• Foreign-language documents — must be translated into Chinese and, where they are formal foreign documents, notarised and legalised (or apostilled, since China joined the Apostille Convention in November 2023) before a court will accept them.
• Electronic evidence — WeChat records, emails, and other electronic data are admissible but should be authenticated (e.g. by notarisation or a third-party evidence platform).

Power of attorney and representation

An overseas party must execute a power of attorney for its Chinese lawyer. Because China does not require foreign counsel for civil cases, your PRC lawyer handles the case, but the power of attorney from abroad must itself be notarised and legalised/apostilled. This is a common source of delay, so it is best prepared early and in parallel with other documents.

Fees

• Court fees (案件受理费) — set by a statutory sliding scale based on the amount in dispute. They are lower than many foreign jurisdictions for smaller claims and are usually borne by the losing party in whole or part.
• Arbitration fees — set by each institution's schedule (CIETAC, BAC, SHIAC, HKIAC each publish their own). Arbitration fees are generally higher for small claims but can be economical for large ones, and may include an arbitration administration fee plus the arbitrators' fees.
• Preservation and other fees — applications for asset or evidence preservation carry their own (typically modest) fees and a guarantee requirement.

Case acceptance (立案)

• Court — the court reviews the filing and must decide whether to accept it, typically within 7 days. Electronic filing (在线立案) is now widely available and speeds the process.
• Arbitration — the institution reviews the request and arbitration agreement and notifies the respondent once accepted.

Service of process (送达)

Once accepted, the court or institution serves the claim on the defendant. Domestic service is routine; cross-border service through diplomatic or treaty channels can be slow and is a genuine source of delay in foreign-related cases. China's growing acceptance of electronic service is helping shorten this.

Practical checklist for overseas parties

• Confirm the correct legal name and registered particulars of the counterparty.
• Prepare translations and apostilles for all foreign documents, including the power of attorney, in advance.
• Number and paginate your evidence bundle with a clear index.
• Budget for court or arbitration fees and, if preserving assets, for the guarantee.
• Double-check the jurisdiction clause against the forum you are filing in.