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If theforeign party has not gone through the notarization and authentication procedures and directly submitted an application for objection to jurisdiction to the court, can it be accepted?

By Ningbo Intermediate Court

· Procedure,Laws and Regulations,Transnational Commerce

From: Judiciary answers to 14 Difficult Questionsabout Foreign-related Commercial Trials By Ningbo Intermediate People's Court, Zhejiang Province, PRC

A: Foreign parties who participate in theproceedings in our courts should first submit the notarized and certified nationality identity, qualification certificate and other materials to prove the qualification of the subject of the proceedings. In the notice of response served by the court to the foreign party, It should be clearly informed that "when raising a jurisdictional objection, it should provide the notarization and certification procedures for its subject qualification. If it is too late to handle the notarization and certification procedures within the defense period, it can first raise a jurisdictional objection to the court, but it should explain to the court in writing the reason for not providing the notarization and certification procedures, and leave the specific contact information. If the contact information is incorrect and the court cannot contact it, the application for the jurisdictional objection will not be accepted". If the foreign party to the lawsuit fails to submit the notarization and authentication procedures for its subject qualification, but makes a written explanation to the court and leaves a specific contact information, the court shall notify it to supplement the notarization and authentication procedures for submitting the subject qualification of the lawsuit and the application for jurisdictional objection within a certain period of time, and inform it of the legal consequences of not submitting the application within the time limit; The court shall accept the application for objection to the jurisdiction of the foreign party who submits the notarization and authentication procedures on time; If the notarization and authentication formalities have not been submitted within the time limit, the court may refuse to accept the application for objection to jurisdiction on the ground that it cannot confirm the authenticity of the application for objection to jurisdiction; If a foreign party directly applies for a jurisdictional objection, but has not submitted the notarization and certification procedures for its subject qualification, and has not made a written explanation to the court, and the court can not notify it to supplement the submission in a simple way, the jurisdictional objection application can not be accepted on the ground that the authenticity of the jurisdictional objection application cannot be
confirmed.

 

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