On the morning of August 3, 2022, presiding judge of the Intellectual Property Court of Wuxi Intermediate People's Court witnessed the process of the overseas party of a dispute over the transfer of foreign-related creditor's rights, to entrust lawyer to participate in litigation. According to the relevant provisions of the Civil Procedure Law of the People's Republic of China, foreigners who have no domicile in the Chinese field entrusting Chinese lawyers or others to represent litigation shall be certified by the notary authorities of the host country and certified by the Chinese embassy and consulate in that country. Previously, in foreign-related cases tried by the Wuxi Intermediate People's Court, if an overseas party entrusts a litigation agent to participate in the proceedings, they shall go through the notarisation and certification procedures in accordance with the above-mentioned laws. However, with the continuous spread of the global epidemic, there are different degrees of delays or delays in the notarisation and certification procedures of overseas parties in their countries, which greatly affects the trial efficiency of such cases. The Supreme People's Court promulgated the "Several Provisions on Providing Online Case Filing Services for Parties to Cross-border Litigation" on February 3, 2021, in which Article 6 gives cross-border litigation parties the right to apply to the court for online video testimony.
This online video witness is initiated by the judge online, and the judge, the party to the cross-border litigation and the domestic entrusted lawyer are online at the same time. The judge first verified the identity information of the overseas natural person, and then confirmed whether the entrusted lawyer and his law firm and whether the entrusted behaviour were indeed the true intention of the parties to the cross-border litigation. Finally, the two parties signed the entrusted agency document under the witness of the judge's video.
The judge's online video witness greatly saves the time and cost of both parties to cross-border litigation, and fully reflects the attitude and determination of Wuxi courts to equally protect the rights of Chinese and foreign parties. At the same time, it shows the ability and level of Wuxi courts to provide foreign-related judicial services, in order to promote epidemic prevention and control and support Wuxi to create international The professional business environment provides a strong guarantee. In the next step, Wuxi Intermediate People's Court will also continue to conduct in-depth research on foreign-related judicial response measures in normalised epidemic prevention and control, so as to provide more convenient and efficient judicial services for Chinese and foreign parties.