Q&As

Do I need the English court's permission to serve a claim form in China?

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Published on LexisPSL on 08/07/2015

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Do I need the English court's permission to serve a claim form in China?

Do I need the English court's permission to serve a claim form in China?

The general position is that when serving a claim form out of the jurisdiction, permission of the court is required. However, there are exceptions to this which are set out in Practice Note: Determining whether permission is required to serve the claim form out of England and Wales.

Generally permission is required to serve the claim form in China. However, although not an EU Member State, there are two provisions in Brussels I (recast) which apply regardless of the domicile of the parties and would provide the English courts with exclusive jurisdiction in a dispute involving a

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