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Can Foreign Judgments be Served by Mail//E-mail/Fax to Litigants in China?|Service of Process and Foreign Judgment Enforcement Series (4)-CTD 101 Series

Thu, 13 Apr 2023
Contributors: Meng Yu 余萌
Editor: C. J. Observer

No. Under Chinese laws, it is invalid to serve foreign judgments by mail/e-mail/fax to litigants in China. Such service will be regarded as a procedural defect, resulting in a substantial obstacle for applications of enforcing foreign judgments in China.

This post was first published in CJO GLOBAL, which is committed to providing consulting services in China-related cross-border trade risk management and debt collection. We will explain how debt collection works in China below.

In the view of Chinese courts, when a foreign judgment is not properly served upon the litigant in China, its appeal rights were not reasonably guaranteed, which would constitute a dismissal or refusal ground for judgment enforcement under Chinese laws.

More cases can be found in an earlier post ‘Do Foreign Judgments Need to be Served to Litigants in China?’.

 

 

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Photo by Mathyas Kurmann on Unsplash

Contributors: Meng Yu 余萌

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