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Can the translation costs paid by the partiesfor litigation in foreign-related commercial disputes be borne by the losing
party as litigation costs?

By Ningbo Intermediate Court

January 13, 2023

 From: Judiciary answers to 14 DifficultQuestions about Foreign-related Commercial Trials By Ningbo Intermediate People's Court, Zhejiang Province, PRC 

 Answer: According to the provisions of the firstparagraph of Article 12 of the Measures for Payment of Litigation Expenses, the people's court decides that the costs incurred by translation in the course of litigation should be borne by the parties according to law, according to the principle of who claims and who bears the costs, the parties should pay directly to the relevant institutions or units. Therefore, the translation costs incurred by both parties for the purpose of litigation should be borne by themselves in principle, and should not be borne by the losing party. However, if the parties expressly agree that the costs incurred in the litigation or in the realization of the creditor's rights shall be borne by one party, they shall be handled according to the agreement of both parties.