Direct answer: Confirm there is no controlling arbitration agreement, map the connecting factors, budget translation and apostille from day one, and identify China assets before you file. Parent map: China dispute resolution guide.
Direct answer
Start with connection, clause, evidence pack, service path, preservation theory and collectability — not with “we will teach them a lesson in a Chinese court.”
At-a-glance situation table
| Situation | First question | Tool |
|---|---|---|
| Want to sue a PRC company | Which court connects? Any arb clause? | Litigation map |
| Sued in China as a foreign defendant | Service, jurisdiction challenge, evidence | Gates 2–4 |
| Assets may disappear | Property / evidence / conduct preservation? | Preservation tree |
| Documents are all offshore | Translation, apostille, data-export? | Evidence protocol |
| Already have a foreign judgment | This is not a new merits suit | Judgment spoke |
Scope / legal framework
PRC civil procedure governs court cases. Interim measures — property, evidence, conduct — are court tools; security may be required. Foreign arbitral awards and foreign judgments are different recognition tracks and do not belong in this filing workflow.
Procedure · Civil Procedure Law (preservation and enforcement orientation). Use official Chinese text and current judicial interpretations for any filing. Last checked 13 August 2026.
Not this page. New York Convention awards and foreign-judgment recognition are separate spokes.
Practical workflow
- Clause screen — if a usable arbitration agreement exists, stop and open the arbitration desk.
- Jurisdiction and proper parties (including group companies and guarantors).
- Evidence hold and foreign-document calendar.
- Asset map and preservation theory (with security budget).
- Service plan, especially for overseas defendants.
- Merits hearing and two-instance reality.
- Enforcement against named assets — or insolvency fork.
Common mistakes
| Mistake | Why it fails |
|---|---|
| Ignoring a usable arbitration clause | Court may refuse or stay. |
| Filing first, translating later | Formalities eat the clock. |
| No preservation theory | Empty win. |
| Assuming English filings | Chinese procedure is the default. |
| Suing the wrong PRC affiliate | No assets, no privity. |
| Self-help “freeze” | Unlawful and counterproductive. |
| Treating a foreign judgment as a PRC claim | Wrong instrument track. |
Action checklist
- [ ] Confirm court is the right track (no controlling arb agreement).
- [ ] Write the connecting factors and the defendant map.
- [ ] Issue an evidence hold; start apostille / translation.
- [ ] Screen PIPL / data-export before moving a case dump into China or out.
- [ ] Asset-First Desk + preservation / security budget.
- [ ] Service plan and limitation / notice clocks with counsel.
- [ ] Counsel handoff: facts, clocks, evidence, assets, city, desired order.
Related: Asset preservation · Debt & enforcement · Recovery map.