The Supreme People's Court ("SPC") has recently distributed the Guiding Opinions (III) on Several Issues concerning the Proper Trial of Civil Cases Related to the COVID-19 Epidemic According to the Law (the "Opinions").



The 19-article Opinions are divided into nine parts that deal with matters in four aspects. The first is about litigants, evidence in litigation, limitation of action, and the time limit for litigation. Issues, including the delay in submitting the identification document and the power of attorney, and the application for extending the period for adducing evidence, by the litigant due to the impact caused by the epidemic, are clarified. The second is about proof and application of laws. It is expressly stated that where Chinese laws apply, the force majeure rule shall be applied in accordance with the Guiding Opinions (I) of the Supreme People's Court on Several Issues concerning the Proper Trial of Civil Cases Related to the COVID-19 Epidemic According to Law. The third is about the application of law for cases involving transportation contracts, foreign-related commercial affairs, and maritime affairs and commerce that are seriously affected by the epidemic. And the fourth is about the "fast tracks" for lawsuits and the requirement that these opinions shall apply mutatis mutandis to cases related to Hong Kong, Macao or Taiwan region. It is provided that, for example, in the course of trying epidemic-related lawsuits that involve disputes over foreign-related commercial or maritime affairs, efforts should be made to open a fast track for these lawsuits, optimize services for cross-regional lawsuits, and improve the regulations and operational guidance for online litigation services.



(Source: http://www.court.gov.cn/fabu-xiangqing-236501.html)