Collecting a Judgment

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.

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.

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.

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).