Can Judgments From My Country Be Enforced in China?
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.
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.
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).
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 ).
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.
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.
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).
It means enforcing foreign judgments in China will not be much harder than that in other foreign judgments friendly countries.
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.
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).
What do you do as a creditor if you have a winning judgment against your debtor in a country other than the one where the debtor has assets or is located?
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).