The Fifth Amendment (2023) to the PRC Civil Procedure Law introduced the long-awaited rule on refusal grounds of recognition and enforcement. This time, the four new articles provide the missing piece of the framework for the recognition and enforcement of foreign judgments in China.
The 2023 Civil Procedure Law introduces systematic regulations to enhance the recognition and enforcement of foreign judgments, promoting transparency, standardization, and procedural justice, while adopting a hybrid approach for determining indirect jurisdiction and introducing a reconsideration procedure as a legal remedy.
On 20 August 2023, China Justice Observer released the 2023 version of the List of China’s Cases on Recognition of Foreign Judgments. To date, we have collected 98 cases involving China and 25 foreign States and regions. (Note: Foreign divorce judgments are excluded from the Case List.)
Academy for the Rule of Law at China University of Political Science and Law
中国政法大学全面依法治国研究院
No, the agreement, at least the part relating to the organizational structure and internal governance matters, may not be arbitrable, says Beijing Second Intermediate People's Court in Tang v. Beijing XX Decoration Technology Company (2019).
German investors benefit from the new Chinese Foreign Investment Law.
The Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong SAR (2020) provides detailed interpretation on reciprocal enforcement of arbitral awards, and further refines the interregional judicial assistance system.
In December 2023, the Chinese Chongqing Court's historic ruling set global FRAND rates for Nokia's 2G-5G patents, resolving the long-standing OPPO v. Nokia dispute and marking a milestone in 5G patent litigation.
In December 2023, China's Supreme People’s Court's newly amended provisions extended the reach of its International Commercial Courts (CICC). To establish a valid choice of court agreement, three requirements must be met - the international nature, the agreement in writing, and the amount in controversy - while the 'actual connection' is no longer required.
In December 2023, the Beijing Intellectual Property Court issued a bilingual guideline, based on international conventions and practical opinions from various institutions, on the supporting documents certifying subject qualification in foreign cases.
In December 2023, Shanghai granted registration to the Korean Commercial Arbitration Board Shanghai Center, marking the establishment of the first foreign arbitration institution in the city under new regulations.
Can I sue Chinese companies in Singapore and then enforce a Singaporean judgment in China?
Can I sue Chinese companies in Spain and then enforce a Spanish judgment in China?
In October 2023, the Standing Committee of the National People's Congress, China's legislature, promulgated the newly revised Marine Environment Protection Law, which imposes stricter regulations on activities in the marine environment and prohibits certain discharges and dumping.
Can I sue Chinese companies in South Korea and then enforce a South Korean court judgment in China?
In a historic development, the Shanghai Court recognized a Japanese bankruptcy decision in 2023, signaling a potential shift in the traditionally strained mutual recognition landscape between China and Japan ((2021) Hu 03 Xie Wai Ren No.1).
In 2022, a local Chinese court in Wenzhou, Zhejiang Province, ruled to recognize and enforce a monetary judgment made by the Singapore State Courts, as highlighted in one of the typical cases related to the Belt and Road Initiative (BRI) recently released by China’s Supreme People’s Court (Shuang Lin Construction Pte. Ltd. v. Pan (2022) Zhe 03 Xie Wai Ren No.4).
In 2022, the Ontario Superior Court of Justice of Canada refused to grant summary judgment to enforce a Chinese monetary judgment in the context of two parallel proceedings in Canada, indicating that the two proceedings should proceed together as there was factual and legal overlap, and triable issues involved defenses of natural justice and public policy (Qingdao Top Steel Industrial Co. Ltd. v. Fasteners & Fittings Inc. 2022 ONSC 279).
In 2016, the Singapore High Court refused to grant summary judgment to enforce a Chinese civil settlement statement, citing uncertainty about the nature of such settlement statements, also known as ‘(civil) mediation judgments’ (Shi Wen Yue v Shi Minjiu & Anor [2016] SGHC 137).
The 2023 Civil Procedure Law introduces systematic regulations to enhance the recognition and enforcement of foreign judgments, promoting transparency, standardization, and procedural justice, while adopting a hybrid approach for determining indirect jurisdiction and introducing a reconsideration procedure as a legal remedy.
The 2023 Civil Procedure Law introduces a systematic framework for taking of evidence abroad, addressing longstanding challenges in civil and commercial litigation, while also embracing innovative methods like using instant messaging devices, thereby enhancing efficiency and adaptability in legal procedures.
The 2023 Civil Procedure Law adopts a problem-oriented approach, addressing difficulties in the service of process for foreign-related cases by expanding channels and shortening the service by publication period to 60 days for non-domiciled parties, reflecting a broader initiative to enhance efficiency and adapt legal procedures to the complexities of international litigation.
The insights from Chinese Supreme Court Justices on the 2023 Civil Procedure Law Amendment highlight significant modifications to international civil procedure rules, including expanded jurisdiction of Chinese courts, enhancements in consensual jurisdiction, and coordination of international jurisdictional conflicts.
Wed, 17 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, the Chinese Chongqing Court's historic ruling set global FRAND rates for Nokia's 2G-5G patents, resolving the long-standing OPPO v. Nokia dispute and marking a milestone in 5G patent litigation.
Thu, 11 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, China's Supreme People’s Court's newly amended provisions extended the reach of its International Commercial Courts (CICC). To establish a valid choice of court agreement, three requirements must be met - the international nature, the agreement in writing, and the amount in controversy - while the 'actual connection' is no longer required.
Thu, 11 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, the Beijing Intellectual Property Court issued a bilingual guideline, based on international conventions and practical opinions from various institutions, on the supporting documents certifying subject qualification in foreign cases.
Thu, 11 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, Shanghai granted registration to the Korean Commercial Arbitration Board Shanghai Center, marking the establishment of the first foreign arbitration institution in the city under new regulations.
Fri, 05 Apr 2024 Insights Meng Yu 余萌
The 2023 Civil Procedure Law introduces systematic regulations to enhance the recognition and enforcement of foreign judgments, promoting transparency, standardization, and procedural justice, while adopting a hybrid approach for determining indirect jurisdiction and introducing a reconsideration procedure as a legal remedy.
Fri, 05 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, a Shanghai local court set a groundbreaking precedent by issuing investigation orders to assist arbitration institutions, marking the first instance of such support in China's legal landscape.
Fri, 05 Apr 2024 China Legal Trends CJO Staff Contributors Team
In November 2023, Shanghai became the first region in China to legalize ad hoc arbitration by adopting the “Regulations on the Promotion of the Establishment of the International Commercial Arbitration Center in Shanghai”.
Tue, 26 Mar 2024 Insights Meng Yu 余萌
The 2023 Civil Procedure Law introduces a systematic framework for taking of evidence abroad, addressing longstanding challenges in civil and commercial litigation, while also embracing innovative methods like using instant messaging devices, thereby enhancing efficiency and adaptability in legal procedures.
Tue, 26 Mar 2024 China Legal Trends CJO Staff Contributors Team
In November 2023, China's Supreme People's Court (SPC) released typical cases of punitive damages for food safety, emphasizing consumer rights protection and highlighting instances of tenfold compensation awarded to consumers for food safety violations.
Tue, 26 Mar 2024 China Legal Trends CJO Staff Contributors Team
In October 2023, China’s Supreme People’s Court (SPC) issued “Decisions to Amend the Provisions on Several Issues Concerning the Intellectual Property Court”.
Thu, 21 Mar 2024 Insights Meng Yu 余萌
The 2023 Civil Procedure Law adopts a problem-oriented approach, addressing difficulties in the service of process for foreign-related cases by expanding channels and shortening the service by publication period to 60 days for non-domiciled parties, reflecting a broader initiative to enhance efficiency and adapt legal procedures to the complexities of international litigation.
Thu, 21 Mar 2024 China Legal Trends CJO Staff Contributors Team
In November 2023, China's Beijing Internet Court issued a landmark ruling affirming copyright protection for AI-generated images, acknowledging the originality and intellectual effort invested by the creator.
Thu, 21 Mar 2024 China Legal Trends CJO Staff Contributors Team
In November 2023, China's Supreme People’s Procuratorate (SPP) revealed in its annual report a significant surge in cyber fraud cases involving overseas criminal groups, with a shift towards large-scale organizations operating abroad and engaging in more severe criminal activities.
Fri, 15 Mar 2024 Insights Meng Yu 余萌
The insights from Chinese Supreme Court Justices on the 2023 Civil Procedure Law Amendment highlight significant modifications to international civil procedure rules, including expanded jurisdiction of Chinese courts, enhancements in consensual jurisdiction, and coordination of international jurisdictional conflicts.
Fri, 15 Mar 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, China’s State Council issued regulations for non-banking payment institutions, outlining minimum capital requirements, business operation divisions, and data storage mandates effective from May 1, 2024.
Thu, 14 Mar 2024 China Legal Trends CJO Staff Contributors Team
In November 2023, China’s Supreme People's Court announced the creation of a national database for court judgments, featuring finalized documents since 2021, which would be accessible to court staff nationwide via an internal intranet starting January 2024.
Wed, 06 Mar 2024 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In a historic development, the Shanghai Court recognized a Japanese bankruptcy decision in 2023, signaling a potential shift in the traditionally strained mutual recognition landscape between China and Japan ((2021) Hu 03 Xie Wai Ren No.1).
Wed, 06 Mar 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, China issued the “Regulation on Human Organ Donation and Transplantation”, emphasizing voluntary, unpaid donations and strict prohibitions against trade, coercion, or unauthorized removal of organs.
Wed, 06 Mar 2024 China Legal Trends CJO Staff Contributors Team
In November 2023, China's Ministry of Justice announced that China has signed bilateral judicial assistance treaties with 86 countries and treaties on transferring sentenced persons with 17 countries, reflecting a substantial stride in international legal cooperation.
Thu, 29 Feb 2024 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In 2022, a local Chinese court in Wenzhou, Zhejiang Province, ruled to recognize and enforce a monetary judgment made by the Singapore State Courts, as highlighted in one of the typical cases related to the Belt and Road Initiative (BRI) recently released by China’s Supreme People’s Court (Shuang Lin Construction Pte. Ltd. v. Pan (2022) Zhe 03 Xie Wai Ren No.4).
