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Legal Disputes

Dec 13, 2024

Guangzhou  

(I) Legal services

If foreign nationals, foreign enterprises and organizations need lawyers to provide non-litigation legal services in Guangzhou, they shall entrust lawyers with practicing licenses of lawyers of the People's Republic of China to represent them. The representative offices of foreign law ffrms in Guangzhou and their representatives can only engage in activities not involving Chinese legal affairs. If foreign nationals, foreign enterprises and organizations go to the people's court to sue or respond to lawsuits, they may entrust persons from their home country as agents ad litem, or they may entrust lawyers from their home country to act as agents ad litem as non-lawyers; If they need to entrust a lawyer to represent the lawsuit, they must entrust a awyer of the People's Republic of China.


Guangzhou Lawyers Association
Address: 9F, South Tower, Yuexiu City Plaza, 437 Dongfeng Zhonglu, Yuexiu District, Guangzhou
Tel: 020-83550600
Website: http://www.gzlawyer.org
Legal Service Office for Foreigners of Dengfeng Sub-district, Yuexiu District
Address: 7-9 Tongxin Lu, Guangzhou
Tel: 020-83508274

(II) Legal aid
According to the relevant provisions of the Criminal Procedure Law of the People’s Republic of China, for foreign and stateless criminal suspects and defendants who are blind, deaf or dumb, or mental patients who have not completely lost the ability to identify or control their behaviors and have not entrusted defenders; and foreign and stateless criminal suspects and defendants who may be sentenced to life imprisonment or death penalty and have not entrusted defenders, the people’s courts, people’s procuratorates and public security organs shall notify legal aid institutions to appoint lawyers to provide criminal defense for them. After receiving the notice, the legal aid institution will appoint lawyers to provide free legal aid services for criminal defense for the foreign or stateless criminal suspects or defendants. Documents and supporting materials to be submitted by the applicant are as follows:
1. Passport or other valid identity certiffcates, the proxy applicant shall also submit power of attorney proof;
2. Proof of family ffnancial difffculty;
3. Case materials related to the legal aid matters applied for.


Guangzhou Legal Aid Center
Address: 42 Cangbian Lu, Yuexiu District, Guangzhou
Tel: 020-83562631


(III) Settling commercial and maritime disputes through mediation
In case of disputes in trade, investment, finance, securities, intellectual property rights, technology transfer, real estate, engineering project contracting, transportation, insurance and other commercial and maritime ffelds, mediation can be adopted on the basis of voluntariness of both parties to the dispute. Mediation shall be conducted in accordance with the provisions of the contract, laws, international practices and the principles of objectivity, impartiality, fairness and reasonableness, so as to promote mutual understanding and accommodation between the parties and reach a settlement. The Mediation Center of China Council for the Promotion of International Trade/China Chamber of International Commerce and its branches all have their own lists of mediators for the parties to designate in their cases.


China Council for the Promotion of International Trade, Guangdong Mediation Center of China Chamber of International Commerce
Address: 1F Guandong Huaxin Center,450 Huanshidong Lu, Guangzhou, Guangdong
Tel: 020-87617779
Fax: 020-87616497
Postcode:510075


(IV) Resolving commercial and maritime disputes through arbitration
Contract disputes and other property rights and interest disputes involving foreigners in China, including disputes arising from foreign-related economic and trade, transportation and maritime affairs, may be arbitrated. Disputes over marriage, adoption, guardianship, maintenance and inheritance shall be handled by administrative organs according to law. When the parties settle disputes by arbitration, they shall reach an arbitration agreement voluntarily. Arbitration adopts the system of ffnal ruling. After the award is made, if the parties apply for re-arbitration or bring a lawsuit to the people’s court for the same dispute, the Arbitration Commission or the people’s court will not accept it.


Guangzhou Arbitration Commission
Address: 12-4F, Building C, Jiangwan Hotel, 298 Yanjiang Zhonglu, Yuexiu District, Guangzhou
Tel: 020-83287919
Website: http://www.gzac.org 


(V) Innovating legal services
1. Using modern technologies such as big data, cloud computing and artificial intelligence, Guangzhou has innovated the “internet + public legal services”, and launched free smart consultation and inquiry Applets such as “Guangzhou Micro Judicial Administration” “Ask a Lawyer” “Guangzhou Legal Aid”, “YangChengHui Mediation” platform, “Guangzhou Smart Notary” platform, “Guangzhou Public Legal Service Chain” “Guangzhou FaShiTong Legal Service” and “Guangzhou Legal Service Map” for foreigners to make appointments for various public legal services and check their progress online anytime and anywhere.
2. To improve the legal aid service, Guangzhou has published the English version of the Guangzhou Legal Aid Service Guide to help foreign nationals deal with daily legal matters.

Source: Guide For Foreigners In Guangzhou(2021)

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