2023 Guide to Enforce US Judgments in China
Can I sue Chinese companies in the United States and then enforce a US judgment in China?
Can I sue Chinese companies in the United States and then enforce a US judgment in China?
In 2019, the Court of Appeal for British Columbia of Canada upheld the trial ruling to enforce a Chinese civil settlement statement (Wei v. Li, 2019 BCCA 114).
In 2017, the Hanoi High People’s Court of Vietnam refused to recognize and enforce a judgment made by China’s Beihai Maritime Court, marking the first known case in the field of China-Vietnam judgments recognition and enforcement.
In 2022, the New South Wales Supreme Court of Australia ruled to enforce a judgment of a Shanghai local court, just before 12-year limitation period expires. It marks the fifth time for an Australian court to recognize and enforce Chinese monetary judgments (Tianjin Yingtong Materials Co. Ltd. v Young [2022] NSWSC 943).
Can I sue Chinese companies in Brazil and then enforce a Brazilian judgment in China?
Can I sue Chinese companies in New Zealand and then enforce a New Zealand judgment in China?
In 2021, Xiamen Maritime Court ruled, based on the principle of reciprocity, to recognize the order of the High Court of Singapore, which designated an insolvency officeholder. The trial Judge shares his view on reciprocity review in applications for recognition of foreign bankruptcy judgments.
Ready to enforce a foreign judgment in China? Let us start with the Prep Checklist.
Can I sue Chinese companies in Türkiye and then enforce a Turkish judgment in China?
Can Brazilian judgments be recognized and enforced in China?
Chinese courts will not recognize and enforce a foreign judgment if it is found that the foreign judgment violates basic principles of Chinese law or violates the public interest of China, no matter whether it reviews the application in accordance with the conditions set by the international or bilateral treaties, or on the basis of reciprocity.
The judgments of most of China’s major trading partners, including almost all common law countries as well as most civil law countries, can be enforceable in China.
Can I sue Chinese companies in France and then enforce a French judgment in China?
If there is a default on the bonds whose debtors or guarantors are based in mainland China, you can initiate an action before a court outside China and enforce the judgment in China.
Monday, 24 October 2022, 10:00-11:00 Rome Time (GMT+2)/16:00-17:00 Beijing time (GMT+8)
Laura Cinicola, Lawyer of KPMG LabLaw (Italy), and Chenyang Zhang, Partner of Tian Yuan Law Firm (China), will share their insights on debt collection in Italy and China. It all comes down to how to make use of the practical strategies, methods, and tools which we will explore together with you.
Tuesday, 11 October 2022, 10:00-11:00 Lisbon Time (GMT+1)/17:00-18:00 Beijing Time (GMT+8)
Tiago Fernandes Gomes, Lawyer of SLCM (Portugal), and Chenyang Zhang, Partner of Tian Yuan Law Firm (China), will talk about the ins and outs on how to enforce your foreign judgments in Portugal and China, a worthwhile approach that is often overlooked in cross-border debt collection.
Tuesday, 27 September 2022, 6:00-7:00 Istanbul Time (GMT+3)/11:00-12:00 Beijing Time (GMT+8)
Alper Kesriklioglu, Founder Partner of Antroya Consulting and Law Office (Turkey), and Chenyang Zhang, Partner of Tian Yuan Law Firm (China), will take participants on a journey to discover the landscape of debt collection in Turkey and China. With interactive discussion, we will explore efficient and practical strategies, methods and tools to collect payments.
In 2021, the Superior Court of Washington for King County ruled to recognize a judgment of a Beijing local court, marking the first time for a Washington state court, and the sixth time for a US court, to recognize and enforce Chinese monetary judgments (Yun Zhang v. Rainbow USA Investments LLC, Zhiwen Yang et al., Case No. 20-2-14429-1 SEA).
Most civil and commercial foreign judgments can be enforced in China, except for those relating to intellectual property, unfair competition and anti-monopoly disputes.
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.