Malaysia Dismisses Application to Enforce Chinese Judgment Due to “Procedural Irregularities” in 2023

In 2023, Malaysia's High Court in Kuala Lumpur dismissed an application to enforce a Chinese monetary judgment, citing procedural irregularities and highlighting the significance of complying with formalities when presenting proof of foreign judgments (Mah Sau Cheong v. Wee Len, OS No. WA-24NCvC-800-03/2022).

2024 Guide to Enforce French Judgments in China

Can I sue Chinese companies in France and then enforce a French judgment in China?

Thus Spoke Chinese Judges on Foreign Judgments Recognition and Enforcement: Insights from Chinese Supreme Court Justices on 2023 Civil Procedure Law Amendment (4)

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.

Turning Point: China First Recognizes Japanese Bankruptcy Decision

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).

China’s Wenzhou Court Recognizes a Singapore Monetary Judgment

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).

Hong Kong and Mainland China: New Chapter for Mutual Civil Judgment Recognition and Enforcement

Following the implementation of the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region, judgments made by courts in China’s Mainland can be enforced in Hong Kong after being registered by Hong Kong courts.

Legal Crossroads: Canadian Court Denies Summary Judgment for Chinese Judgment Recognition When Faced with Parallel Proceedings

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).

Chinese Civil Settlement Statements: Enforceable in Singapore?

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).

What’s New for China’s Rules on Foreign Judgments Recognition and Enforcement? - Pocket Guide to 2023 China’s Civil Procedure Law (1)

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.

Chinese Judgment Finality in Doubt: Canadian Court Bewildered by Retrial and Procuratorate Protest

In 2021, the Supreme Court of British Columbia, Canada, puzzled by mechanisms such as retrial and procuratorate protest in the Chinese judicial system, refused to grant a summary judgment enforcing a Chinese judgment on the ground of finality (Yang v. Kong, 2021 BCSC 809).