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Can multiple plaintiffs sue together?

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

Supplier verification is particularly important for overseas buyers dealing with companies in Suzhou. Suzhou is one of China’s major manufacturing centers, particularly for electronics, machinery and advanced industrial production. The buyer should distinguish the commercial location of a supplier from the legal identity of the entity that actually signed the contract and received the payment.

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.

Checking a Suzhou Supplier Before a Dispute

The local market includes businesses active in electronics, machinery, precision manufacturing and industrial equipment. Depending on the transaction, relevant issues may include OEM disputes, specification disputes, quality claims, delivery delays and intellectual-property-related contractual disputes. For electronics, precision manufacturing and industrial-equipment transactions, buyers should pay particular attention to technical specifications, drawings, quality standards, acceptance procedures and intellectual-property provisions in the contract.

For a cross-border transaction, the buyer should keep the supplier’s Chinese legal name, registration information, contract, invoices, bank-payment records and communications together. Suzhou forms part of Jiangsu and its commercial network includes a highly developed manufacturing ecosystem with extensive foreign-invested and export-oriented supply chains.

Evidence and Contract Review for Suzhou Transactions

If a dispute develops, evidence should be preserved before important communications or negotiations change the factual record. The relevant documents may include the contract, purchase orders, specifications, inspection records, invoices, payment records, shipping documents and correspondence.

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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