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Can multiple plaintiffs sue together?

Lyu, Attorney-at-Law (PRC) 0 Comments

When sourcing from Hefei, overseas companies should consider not only the contract itself but also the type of local supplier, the surrounding supply chain and the nature of the goods or services involved. Hefei has developed a diversified manufacturing base including automotive, electronics, appliances and advanced industrial production. Understanding this background can help a buyer identify potential problems at an earlier stage.

Can multiple plaintiffs sue the same defendant at the same time? According to Article 55 of the Civil Procedure Law of the People’s Republic of China, if there are two or more plaintiffs, and the subject matter of the action is the same or of the same kind, the plaintiffs may file a joint action.
There are two scenarios here. The first is that the subject matter is the same, such as in inheritance disputes, joint tort disputes, or partnership debt disputes. In such disputes, the subject matter is likely to be the same, and the court shall consolidate the trials.
The second scenario is that the subject matter is of the same kind, in which case the court may consolidate the trial.
In a joint action, if there are more than ten plaintiffs, two to five plaintiffs may be elected as litigation representatives to participate in the litigation. Legal acts performed by litigation representatives during the proceedings, such as settlement or withdrawal of the lawsuit, shall affect the other represented plaintiffs.
However, Attorney Lyu would like to remind you that there is often a big gap between theory and practice. In many courts in China, the case-filing division does not allow multiple plaintiffs to sue the same defendant together. As for why the case-filing division does so, that is left for you to think about.
I am Qiang Lyu, a PRC lawyer. If you like my video, please subscribe to my channel.

What Foreign Buyers Should Know About Hefei Suppliers

The Hefei market includes businesses involved in automotive, electronics, appliances and advanced manufacturing. Common commercial problems can include quality disputes, technical specification disputes, delivery delays and warranty claims. In a dispute, contracts, purchase orders, technical specifications, inspection records, invoices, payment records and correspondence may become important evidence. For automotive, electronics, appliance and advanced-manufacturing transactions, buyers should pay particular attention to technical specifications, testing or acceptance requirements, delivery milestones and warranty obligations.

The city’s position within Anhui and its connection with a growing advanced-manufacturing ecosystem in central-eastern China can provide useful commercial context when evaluating a supplier relationship. Local characteristics do not determine the outcome of a dispute.

Before Taking Action Against a Supplier in Hefei

For an overseas buyer, a practical first step is usually to identify the correct Chinese contracting party and preserve evidence showing what was ordered, what was paid and what was delivered. Depending on the contract and dispute, the next step may involve a demand, settlement negotiations, arbitration, litigation or enforcement.

Legal Disclaimer

The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws and legal procedures may vary depending on the specific facts and applicable jurisdiction. No lawyer-client relationship is created by reading this article or contacting us through this website. For advice regarding a specific matter, please consult a qualified lawyer after a formal engagement has been established.

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