Enforcement of foreign judgments in China
Enforcement of foreign judgments in China

What Types of Foreign Judgments Can Be Enforced in China?

Most civil and commercial foreign judgments can be enforced in China, except for those relating to intellectual property, unfair competition and anti-monopoly disputes.

U.S. EB-5 Visa Fraud Judgments Partially Recognized in China: Recognizing Damages But Not Punitive Damages

In 2022, Guangzhou Intermediate People’s Court of China ruled to partially recognize and enforce three EB-5 visa fraud-related judgments rendered respectively by the US District Court for the Central District of California and the Superior Court of California, County of Los Angeles.

How to Know Whether My Judgment Can Be Enforced in China?

You need to understand the threshold and criterion for the enforcement of foreign judgments in China. If your judgment can pass the threshold and meet the criterion, you may consider enforcing your judgments in China to collect your debts.

The First Time Australia Recognizes Chinese Civil Settlement Statements

In 2022, the New South Wales Supreme Court of Australia ruled to recognize two Chinese civil settlement statements, which were considered as ‘foreign judgments’ under Australian law (Bank of China Limited v Chen [2022] NSWSC 749).

China Dismisses Application for Enforcing New Zealand Judgment Due to Parallel Proceedings

In 2019, due to parallel proceedings, Shenzhen Intermediate People’s Court of China ruled to dismiss the application for enforcing a New Zealand judgment (Americhip, Inc. v. Dean et al. (2018) Yue 03 Min Chu No. 420 ).

The Third Time! Chinese Court Recognizes U.S. Judgment

In 2020, Ningbo Intermediate People’s Court of China ruled in Wen v. Huang et al. (2018) to recognize and enforce a US judgment, marking the third time that American monetary judgments have been enforced in China.

How Chinese Courts Ensure Impartiality in Enforcing Foreign Judgments: Looking Inside the First English Monetary Judgment Recognized in China

In March 2022, with the approval of China’s Supreme People’s Court (SPC), a local court in Shanghai ruled to recognize an English monetary judgment.

China Dismisses Applications for Enforcing South Korean Judgments for Lack of Jurisdiction

In 2021, due to lack of jurisdiction, a Chinese court in Liaoning Province ruled to dismiss applications for enforcing three South Korean judgments in KRNC v. CHOO KYU SHIK (2021).

China Introduces New Reciprocity Rules for Enforcing Foreign Judgments, What Does It Mean?

It means enforcing foreign judgments in China will not be much harder than that in other foreign judgments friendly countries.

The First Time Chinese Court Recognizes Singapore Bankruptcy Judgment

In 2021, Xiamen Maritime Court of China ruled to recognize a Singaporean insolvency order in In re Xihe Holdings Pte. Ltd. et al. (2020), providing an example of how Chinese courts recognize foreign bankruptcy judgments based on the principle of reciprocity.

ABLI-HCCH webinar: Cross-Border Commercial Dispute Resolution – HCCH 2005 Choice of Court and 2019 Judgments Conventions (July 27, 2022) 

The webinar ‘Cross-border Commercial Dispute Resolution – HCCH 2005 Choice of Court and 2019 Judgments Conventions’ will take place on Wednesday, July 27 between 3 to 6pm (Singapore time). This event is organized jointly by the Asian Business Law Institute (ABLI) and the Permanent Bureau of the Hague Conference on Private International Law (HCCH).

China Dismisses Application for Enforcing a US Judgment Due to Lack of Finality

Finality matters. In 2020, Wuxi Intermediate People’s Court of China dismissed an application for enforcing a US judgment, due to the lack of finality, in Wuxi Luoshe Printing & Dyeing Co. Ltd. v. Anshan Li et al. (2017).

News | Webinar on German-China Debt Collection (May 2022)

In cooperation with four law firms from China and Germany -Tian Yuan Law Firm, Dentons Beijing, YK Law Germany, and DRES. SCHACHT & KOLLEGEN, CJO GlOBAL organized the webinar ‘German-China Debt Collection: Enforcing Foreign Judgments & Arbitral Awards’ on 27 May 2022.

Can Judgment Creditor’s Successor Apply for Enforcing Foreign Judgments in China?

Yes, the Chinese court in Wenzhou, Zhejiang Province, enforced an Italian judgment in 2021, upholding the claim of the judgment creditor’s successor (Ye Aiwen v. Chen Tihu (2019)).

How Chinese Courts Ensure Impartiality in Enforcing Foreign Judgments: Ex Ante Internal Approval and Ex Post Filing- Breakthrough for Collecting Judgments in China Series (XI)

China published a landmark judicial policy on the enforcement of foreign judgments in 2022. This post addresses the ex ante internal approval and ex post filings – a mechanism designed by China’s Supreme Court to ensure impartiality in enforcing foreign judgments.

Case Filing, Service of Process and Withdrawal of Application – Breakthrough for Collecting Judgments in China Series (X)

China published a landmark judicial policy on the enforcement of foreign judgments in 2022. This post addresses the rules on case filing, service of process and withdrawal of application.