Canadian Court Enforces Chinese Civil Settlement Statement/Mediation Judgment in 2019

In 2019, the Court of Appeal for British Columbia of Canada upheld the trial ruling to enforce a Chinese civil settlement statement (Wei v. Li, 2019 BCCA 114).

August 2023 Update: List of China’s Cases on Recognition of Foreign Judgments

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.)

Blanket Non-recognition of Chinese Judgments on Systemic Due Process Ground? No, Says New York Appellate Court

In 2022, the Appellate Division of the New York State Supreme Court unanimously reversed the trial court ruling, rejecting the blanket non-recognition of Chinese judgments (Shanghai Yongrun Inv. Mgmt. Co. v. Xu, et al., 203 A.D.3d 495, 160 N.Y.S.3d 874 (N.Y. App. Div. 2022)).

Canadian Court Enforces Chinese Divorce Judgment on Spousal Support, but Not on Child Custody/Support

In 2020, the Supreme Court of British Columbia, Canada ruled to partially recognize a Chinese divorce judgment by recognizing the part on spousal support, but not the part on child custody and child support (Cao v. Chen, 2020 BCSC 735).

China Enforces a French Judgment for the Third Time

In 2020, a local court in Beijing ruled to recognize and enforce a monetary judgment (ordonnance) of the Commercial Court of Paris, France, marking the third time that Chinese courts have enforced French judgments.

China Enforces Foreign Intellectual Property Judgment for the First Time

In 2020, a local court in Beijing ruled to recognize and enforce a trademark judgment of the Korean Supreme Court, marking the first time that Chinese courts have recognized and enforced an intellectual property judgment, and the third time that South Korean judgments have been enforced in China (SD Biotechnologies Co. Ltd v. 99 Trade Co. Ltd (2019) Jing 04 Xie Wai Ren No.3).

Recognizing Chinese Bankruptcy Proceedings in International Insolvencies: The Example of Sainty Marine Development Case

In the recognition and assistance procedures for cross-border bankruptcy cases, Chinese courts are attempting to provide guidance to the bankruptcy administrator to directly apply to foreign courts for recognition and assistance.

English Court Enforces Chinese Judgments, Confirming Double Default Interest

In 2022, the High Court of Justice, UK ruled to enforce two monetary judgments of local Chinese courts, confirming the enforceability of double default interest (Hangzhou Jiudang Asset Management Co Ltd & Anor v Kei [2022] EWHC 3265 (Comm)).

ABLI-HCCH webinar: Cross-Border Commercial Dispute Resolution – HCCH 1965 Service Convention (June 27, 2023)

ABLI and HCCH return this year with their third joint session, this time on the 1965 Service Convention.