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Can Foreign Judgments Be Enforced in China? - CTD 101 Series

Fri, 19 Nov 2021
Categories: Insights
Contributors: Meng Yu 余萌

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China has now undertaken moves to liberalize rules on recognizing and enforcing foreign judgments, so as to better adapt to the trend of market opening.

Nevertheless, there are still only a few countries’ judgments that can be recognized and enforced in China. The following list in this article already includes major countries that have large-scale trade with China.

As of June 8, 2021, we have collected 72 cases on Recognition of Foreign Judgments involving China and 24 foreign countries and regions. We think this should be the most complete data on this issue in the world. For more information about these cases, you can read our article “List of China’s Cases on Recognition of Foreign Judgments”.

Among them, there are 47 cases where recognition and enforcement of foreign judgments were applied for in Chinese courts.

In terms of the results:

  • In 18 cases, Chinese courts agreed to recognize foreign judgments;
  • In 24 cases, Chinese courts refused to recognize foreign judgments; and
  • In 5 cases, the application was withdrawn or dismissed by Chinese Courts.

To date, foreign judgments rendered from the following countries and regions in Group 1, 2, 3 can or are likely to be recognized and enforced in China. From Groups 1 to 3, the possibility gradually decreases.

In other countries and regions not listed in Groups 1 to 3, there is not enough evidence to show that their judgments may be recognized and enforced by Chinese courts. We listed them in Group 4.

Group 1

These countries have concluded bilateral treaties on the recognition and enforcement of judgments with China.

Therefore, as long as the judgments of these countries meet the requirements provided in the treaty, they would be enforced by the Chinese courts.

These countries include:

  1. Algeria;
  2. Argentina;
  3. Belarus;
  4. Bosnia;
  5. Brazil;
  6. Bulgaria;
  7. Cuba;
  8. Cyprus;
  9. Egypt;
  10. France;
  11. Greece;
  12. Herzegovina
  13. Hungary;
  14. Italy;
  15. Kazakhstan;
  16. Kyrgyzstan;
  17. Kuwait;
  18. Laos;
  19. Lithuania;
  20. Mongolia;
  21. Morocco;
  22. North Korea;
  23. Peru;
  24. Poland;
  25. Romania;
  26. Russia;
  27. Spain;
  28. Tajikistan;
  29. Tunisia;
  30. Turkey;
  31. Ukraine;
  32. UAE;
  33. Uzbekistan; and
  34. Vietnam.

For more information about these bilateral treaties, you can read our article “List of China’s Bilateral Treaties on Judicial Assistance in Civil and Commercial Matters (Enforcement of Foreign Judgments Included)”.

Group 2

The judgments rendered in these countries have already been recognized in China based on reciprocity.

Therefore, we believe that their judgments will continue to be enforced by Chinese courts with a high probability in the future.

These countries include:

  1. Germany;
  2. Singapore;
  3. South Korea; and
  4. USA.

Group 3

These countries and regions have recognized Chinese judgments and are waiting for China to confirm the reciprocity in future cases.

We believe that their judgments are also likely to be enforced by Chinese courts. However, as there is no precedent, there is still a certain degree of uncertainty.

These countries include:

  1. Australia;
  2. British Virgin Islands;
  3. Canada;
  4. Netherlands;
  5. New Zealand; and
  6. UK (to be confirmed).

Group 4

We are not certain that judgments in countries and regions other than those in Groups 1 to 3 can be enforced by Chinese courts.

 

 

 

The Cross-border Trade Dispute 101 Series (‘CTD 101 Series’) provides an introduction to China-related cross-border trade dispute, and covers the knowledge essential to cross-border trade dispute resolution and debt collection.

 

 

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Original Links: Can Foreign Judgments Be Enforced in China?

 

Photo by Ben White on Unsplash

Contributors: Meng Yu 余萌

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