A power of attorney is a legal document that authorizes another person to exercise one’s legal rights on their behalf. The agent must present this document when acting within the scope of their authority. Powers of attorney are widely used in various aspects of life, including real estate transactions, trademark registration, business registration, court litigation, and company authorization for sales representatives to sign contracts. This article focuses on power of attorney submitted to courts in litigation proceedings.

We know that when appointing a lawyer to litigate in court, a power of attorney must be signed. In domestic litigation in China, this is usually not an issue, as lawyers generally have ready-made templates that can be easily modified with the client’s name and signature. However, in foreign-related civil litigation, there are certain special considerations when signing a power of attorney.

1. Language of the Power of Attorney

1.1 Chinese-Language Power of Attorney

Some foreign-related cases involve overseas clients who are Chinese and have no difficulty reading Chinese. In such cases, a Chinese-language power of attorney can be prepared directly for the client to sign (unless the local notarization authority requires an accompanying foreign-language version). Many foreign-related marriage and inheritance cases fall under this category.
For foreign clients who do not understand Chinese, the power of attorney's content can be explained to them first, or a reference translation can be provided before they sign the Chinese version.

1.2 Bilingual Power of Attorney (Chinese and English)

If the client is a foreign individual or company that does not understand Chinese and insists on signing a bilingual (Chinese-English or another language) power of attorney, a dual-language version can be prepared for the client to sign.

1.3 Foreign-Language Power of Attorney

In practice, some foreign clients (mainly corporations) provide their own foreign-language (typically English) power of attorney to their Chinese lawyers. Due to language and cultural differences, these documents often differ significantly in structure and wording from the standard power of attorney used by Chinese lawyers.

In such cases, the entrusted Chinese lawyer must carefully review the foreign client's power of attorney to ensure that it meets the requirements of Chinese courts. For example, according to the Civil Procedure Law, special authorization is required for actions such as admitting, waiving, or modifying claims, reaching a settlement, filing a counterclaim, or appealing. If the foreign client cannot attend court in person, the lawyer must verify that the power of attorney includes these authorizations.

Before submitting the document to the court, it must be translated into Chinese.
To ensure smooth case filing and avoid unnecessary complications, it is generally recommended to use a power of attorney prepared by the Chinese lawyer.

2. General/Blanket Power of Attorney Issues

In most foreign-related civil litigation cases—such as marriage, inheritance, or ordinary commercial disputes—a case-specific power of attorney is used. This authorizes the Chinese lawyer to represent the foreign client in a specific case. A case-specific power of attorney may also cover different stages of litigation, such as first instance, second instance, and enforcement.
One area of dispute in practice is the use of general or blanket powers of attorney. In certain types of cases, such as intellectual property (IP) infringement cases, foreign clients (mostly multinational corporations) anticipate their IP enforcement needs for the upcoming year and issue blanket powers of attorney. These authorize their Chinese representatives to file infringement lawsuits against unspecified infringers in unspecified Chinese courts within that year. Some of these authorizations even include the right to file administrative complaints.

This is akin to a taxi driver who knows in the morning that he will take 20 or 30 fares that day but does not know in advance who each passenger will be.

Since the 2017 amendment to the Civil Procedure Law, courts have imposed stricter requirements on the qualifications of legal representatives, and many courts now strictly review powers of attorney. Some courts no longer accept blanket authorizations.

For IP infringement cases, the process—from gathering leads and evidence to deciding to file a lawsuit against a specific target—can take a long time and involve many uncertainties. According to the Civil Procedure Law, a power of attorney signed by a foreign party must go through notarization and authentication, which typically takes several weeks. Additionally, decision-making within multinational corporations often involves multiple approval levels and complex processes, making case-specific authorization difficult to obtain in time to combat infringement effectively.
The 2021 Summary of the National Court Symposium on Foreign-Related Commercial and Maritime Trials, in Article 8, addresses the issue of blanket powers of attorney. It acknowledges that litigation agents are authorized to engage in litigation activities within the scope and validity period of the power of attorney.

3. Notarization and Authentication of the Power of Attorney

According to Article 264 of the Civil Procedure Law, when a foreign party participates in litigation in China, a power of attorney signed abroad must go through the necessary notarization and authentication procedures.

In practice, the signing and authentication of powers of attorney by foreign parties generally fall into the following categories:

3.1 Notarization and Authentication Completed Abroad by a Foreign Entity

For powers of attorney signed abroad by foreign individuals, foreign enterprises, or other organizations, the authentication process should comply with Article 264 of the Civil Procedure Law. In most countries, a three-step authentication process is required:

1. The power of attorney must first be notarized by a local notary public.
2. The notarization certificate must then be authenticated by the relevant foreign affairs authority of that country.
3. Finally, the Chinese embassy or consulate in that country must certify the foreign affairs authority’s authentication. Or, alternatively going through Apostille Certification procedure if the POA comes from a member state of Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents.

3.2 Authentication for Overseas Chinese Citizens

For Chinese citizens residing abroad who sign a power of attorney overseas, it must be certified by a Chinese embassy or consulate in that country or undergo a similar authentication process.

3.3 Notarization for Foreign Parties Within China

If a foreign individual is present in China at the time of filing a lawsuit, a power of attorney signed and notarized by a Chinese notary public can also be recognized by the court. This situation typically applies when a foreign individual is in China when signing the document or filing the lawsuit but is likely to leave China during the litigation process.

3.4 Judicial Witnessing by a Judge

This method is similar to the third scenario but involves signing the power of attorney in the presence of a judge, who witnesses the signing on the spot.

3.5 Online Witnessing

Advancements in digital technology have also provided a more convenient alternative to the traditionally time-consuming notarization and authentication process. On February 3, 2021, the Supreme People’s Court issued the Provisions on Providing Online Case Filing Services for Cross-Border Litigants, allowing foreign litigants (both Chinese and foreign nationals) to apply for online video witnessing as long as they can pass identity verification.
This provision is particularly beneficial for:
· Chinese citizens residing abroad
· Foreign nationals who can verify their identity through the National Immigration

Administration’s Exit-Entry Document Authentication Platform (i.e., those who have an immigration record in China and whose previously recorded identity documents are still valid)
However, for foreign enterprises and foreign individuals who cannot verify their identity through the National Immigration Administration, their identity must first be notarized and authenticated before proceeding with verification. In practice, when handling the notarization and authentication of identity documents, it is possible to process the notarization and authentication of the power of attorney at the same time.

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4. Pen or Ink Requirements for Signing

Finally, it is worth noting that many foreign clients are accustomed to signing documents with a blue ballpoint pen. The advantage of this practice is that the signature is visibly distinct from the printed text.
However, Chinese government agencies, including the People’s Courts, generally require formal documents to be signed using blue-black or carbon-based ink, as these inks are more durable for long-term archival storage.
Foreign clients should be advised of this requirement in advance to avoid delays in litigation due to minor details such as using the wrong pen for signing.