joint litigation

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By Richard W. Wigley  King & Wood Mallesons’ IP Litigation Group

wigley_richardThe framework for variants of class action-type litigation in the People’s Republic of China has been in place since the initial promulgation of the Civil Procedure Law of the P.R.C. (“CPL”) in 1991. The amended CPL provides requirements for filing a “joint litigation” for suits where “the object of the action is of the same category and a party consists of numerous persons” and where the parties may choose to elect a representative.[1] Further as to whether standing is afforded the plaintiff and the filing requirements for such litigation, the CPL provides that “[t]he plaintiff must be a citizen, legal person, or an organization having a direct interest with the case … there must be a specific defendant … [and] there must be a specific claim and a specific factual basis and grounds ….”[2] In short, the CPL provides a framework which allows for what is a variation of what is commonly referred to as a “class action lawsuit”.
Continue Reading Class Action-type Litigation in China

By Richard W. Wigley King & Wood Mallesons’ IP Litigation Group

Under the Civil Procedure Law of the P.R.C. (“CPL”), Articles 53-56 of the current CPL define requirements for filing a “joint litigation”, including those suits where said joint litigation may involve “one party with numerous litigants”.[1] To this latter scenario, Article 55 of the CPL notes that where “one of the parties has numerous litigants, but the exact number of litigants is uncertain when the lawsuit is filed, the People’s Court may issue a public notice to explain the nature of the case and the claims of the litigation and inform those persons who are entitled to the claim to register their rights with the People’s Court within a fixed time period.”[2] Article 55 goes on to provide that the litigants may elect “representatives” and further defines the binding nature of the Court’s ruling on not only the “representative”, but upon all litigants.[3]
Continue Reading China’s Civil Procedure Law Reported to be Amended to Broaden Definition of Types of Litigants Allowed to File Class-action Lawsuits