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Is the notarized and authenticated power of attorney shall be applicable in the counterclaim case?

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

Question: When the foreign plaintiff filed a lawsuit in our country's court, it submitted a notarized and authenticated power of attorney, indicating that its agent's authority of attorney is special authorization and full power of attorney. If the defendant filed a counterclaim and was jointly tried by the court, should the foreign plaintiff go through notarization and authentication procedures for the authorized matters in the counterclaim case?

 Answer: Although the power of attorneysubmitted by the foreign plaintiff is for this lawsuit, it is a special authorization, which should be understood in principle as including the authorization to deal with the counterclaim. In order to reduce the burden of litigation, it is not necessary to ask the foreign plaintiff to go through the notarization and authentication procedures separately.

 

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