Collecting a Judgment
Collecting a Judgment

Decoding the Turning Point: A Closer Look at China’s Recognition of Japanese Bankruptcy

This follow-up article focuses on the Chinese Court’s detailed review of the Shanghai International Corporation case in 2023, highlighting the significance of reciprocity in cross-border bankruptcy proceedings and underscoring China’s evolving approach to recognizing foreign judgments (See In re Shanghai International Corporation (2021) Hu 03 Xie Wai Ren No.1).

Just before Limitation Period Expires: Australian Court Recognizes Chinese Judgment for the Fifth Time

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).

How Chinese Judges Recognize Foreign Bankruptcy Judgments

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.

Will Foreign Judgments Not Be Enforced in China Due to Public Policy?

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.