Collecting a Judgment
Collecting a Judgment

Vietnamese Court Refuses to Recognize Chinese Judgment for the First Time

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.

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.

Investors of China’s Bonds: Go Ahead and Sue As Your Foreign Court Judgement Can Be Enforced 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.

[WEBINAR] Italy-China Debt Collection

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.

[WEBINAR] Portugal-China Debt Collection: Enforcing Foreign Judgments

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.

[WEBINAR] Turkey-China 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.

Washington State Recognizes Chinese Judgment for the First Time

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).

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).