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List of China's Cases on Recognition of Foreign Judgments

Tue, 16 Jul 2019
Categories: Insights
Editor: C. J. Observer

List of China's Cases on Recognition of Foreign Judgments

 

List of China's Cases on Recognition of Foreign Judgments

Last updated: June 8, 2021

The Case List was issued on July 16, 2019, and is updated annually.
Update - April 15, 2020
Update - June 8, 2021

We are endeavoring to collect all Chinese court decisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. The Case List is made available for our readers to build reasonable expectations on REFJ in China.

The Case List is continually updated with new reports. To date, we have collected 72 cases involving China and 24 foreign States and regions.

You can download the List here.

(For the List of China's Bilateral Treaties on Judicial Assistance in Civil and Commercial Matters (Enforcement of Foreign Judgments Included), please click here. Authoritative texts in Chinese and other languages are now available.)

For an overview of disposition of cases on recognition and enforcement of foreign judgments between China and treaty-jurisdictions (Italy, France, Turkey, Russia, etc.) and those between China and non-treaty-jurisdictions (USA, Germany, Singapore, South Korea, etc.), please see the tables below.

List of China's Cases on Recognition of Foreign Judgments

List of China's Cases on Recognition of Foreign Judgments

List of China's Cases on Recognition of Foreign Judgments

For information about bilateral judicial assistance treaties that China and 39 States have concluded, please see table 2 below.

List of China's Bilateral Treaties on Judicial Assistance in Civil and Commercial Matters

For the detailed country(region) report about cases on recognition and enforcement of foreign judgments, please see the following charts. 

Case information, comments, and suggestions are most welcome. Please feel free to contact Ms. Meng YU via e-mail at meng.yu@chinajusticeobserver.com.

1. America (USA) – China

To date, there are 15 court decisions involving the REFJ between China and the United States of America. More specifically:

  • In China, there are 7 cases, among which, Chinese courts recognized US judgments in 2 cases, while refused to recognize US judgments in 3 cases.
  • In the US, there are 8 cases, among which, the US courts recognized Chinese judgments in 5 cases, while refused to recognize Chinese judgments in 2 case.  

Have China and the US concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review US judgments? Reciprocity.

Cases between China and USA on Recognition of Foreign Judgments

Cases between China and USA on Recognition of Foreign Judgments

For the case info, please see the list above.

2. Australia - China

To date, there are 4 court decisions involving the REFJ between China and Australia. More specifically:

  • In China, there is one case, where the Chinese court refused to recognize an Australian judgment.
  • In Australia, there are 3 cases, among which, the Australian courts recognized Chinese judgments in 2 cases, while refused to recognize Chinese judgments in 1 case.  

Have China and Australia concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Australian judgments? Reciprocity.

Cases between China and Australia on Recognition of Foreign Judgments

For the case info, please see the list above.

3. Belarus- China

To date, there are 2 court decisions involving the recognition and enforcement of foreign judgments (“REFJ”) between China and Belarus. More specifically:

  • In China, there are two cases, where the Chinese court refused to recognize a Belarusian judgment in 2003, and recognized a Belarusian judgment in 2020.

Have China and Belarus concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review Belarusian judgments? The bilateral treaty.

Cases between China and Belarus on Recognition of Foreign Judgments

For the case info, please see the list above.

4. British Virgin Islands (BVI) - China

To date, there is one court decision involving the REFJ between China and the British Virgin Islands (BVI). More specifically:

  • In the BVI, there is one case, where the BVI court recognized a Chinese judgment.

Have China and the BVI concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review the BVI judgments? Reciprocity.

Cases between China and British Virgin Islands (BVI) on Recognition of Foreign Judgments

For the case info, please see the list above.

5. Canada - China

To date, there is one court decision involving the REFJ between China and Canada. More specifically:

  • In Canada, there is one case, where the Canadian court recognized a Chinese judgment.

Have China and Canada concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Canadian judgments? Reciprocity.

Cases between China and Canada on Recognition of Foreign Judgments

For the case info, please see the list above.

6. Chad - China

To date, there is one court decision involving the REFJ between China and Chad. More specifically:

  • In China, there is one case, where the Chinese court refused to recognize a Chadian judgment.

Have China and Chad concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Chadian judgments? Reciprocity.

Cases between China and Chad on Recognition of Foreign Judgments

For the case info, please see the list above.

7. France - China

To date, there are 5 court decisions involving the REFJ between China and France. More specifically:

  • In China, there are 5 cases, among which, Chinese courts recognized French judgments in 3 cases, while refused to recognize French judgments in 2 cases.

Have China and France concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review French judgments? The bilateral treaty.

Cases between China and France on Recognition of Foreign Judgments

For the case info, please see the list above.

8. Germany - China

To date, there are 4 court decisions involving the REFJ between China and Germany. More specifically:

  • In China, there are 3 cases, among which, Chinese courts recognized German judgments in one case, while refused to recognize German judgments in 2 cases.
  • In Germany, there is one case, where the German court recognized a Chinese judgment.  

Have China and Germany concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review German judgments? Reciprocity.

Cases between China and Germany on Recognition of Foreign Judgments

For the case info, please see the list above.

9. Israel - China

To date, there are 2 court decisions involving the REFJ between China and Israel. More specifically:

  • In China, there is one case, where the Chinese court refused to recognize an Israeli judgment.
  • In Israel, there is one case, where the Israeli court recognized a Chinese judgment.  

Have China and Israel concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Israeli judgments? Reciprocity.

Cases between China and Israel on Recognition of Foreign Judgments

For the case info, please see the list above.

10. Italy - China

To date, there are 4 court decisions involving the REFJ between China and Italy. More specifically:

  • In China, there are 4 cases, among which, Chinese courts recognized Italian judgments in one case, while refused to recognize Italian judgments in 3 cases.

Have China and Italy concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review Italian judgments? The bilateral treaty.

For the case info, please see the list above.

11. Japan - China

To date, there are 6 court decisions involving the REFJ between China and Japan. More specifically:

  • In China, there are 2 cases, where Chinese courts refused to recognize Japanese judgments.
  • In Japan, there are 4 cases, where the Japanese courts recognized Chinese judgments in two cases, while refused to recognize Chinese judgments in two cases.  

Have China and Japan concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Japanese judgments? Reciprocity.

Cases between China and Japan on Recognition of Foreign Judgments

 For the case info, please see the list above.

12. Kenya- China

To date, there is one court decision involving the recognition and enforcement of foreign judgments (“REFJ”) between China and Kenya. More specifically:

  • In China, there is one case, where the Chinese court granted the withdrawal of an application for recognition and enforcement of a Kenyan judgment.

Have China and Kenya concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Kenyan judgments? Reciprocity.

Cases between China and Kenya on Recognition of Foreign Judgments

For the case info, please see the list above.

13. Malaysia - China

To date, there is one court decision involving the REFJ between China and Malaysia. More specifically:

  • In China, there is one case, where the Chinese court refused to recognize a Malaysian judgment.

Have China and Malaysia concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Malaysian judgments? Reciprocity.

Cases between China and Malaysia on Recognition of Foreign Judgments

For the case info, please see the list above.

14. Myanmar- China

To date, there is one court decision involving the recognition and enforcement of foreign judgments (“REFJ”) between China and Myanmar. More specifically:

  • In China, there is one case, where the Chinese court dismissed an application for recognition and enforcement of a Myanmar judgment.

Have China and Myanmar concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Myanmar judgments? Reciprocity.

Cases between China and Myanmar on Recognition of Foreign Judgments

For the case info, please see the list above.

15. Netherlands - China

To date, there is one court decision involving the REFJ between China and the Netherlands. More specifically:

  • In the Netherlands, there is one case, where the Dutch court recognized a Chinese judgment.

Have China and the Netherlands concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review Dutch judgments? Reciprocity.

Cases between China and Netherlands on Recognition of Foreign Judgments

For the case info, please see the list above.

16. New Zealand- China

To date, there is one court decision involving the recognition and enforcement of foreign judgments (“REFJ”) between China and New Zealand. More specifically:

  • In New Zealand, there is one case, where a Chinese judgment was recognized and enforced in 2016. 

Have China and New Zealand concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review New Zealand judgments? Reciprocity.

Cases between China and New Zealand on Recognition of Foreign Judgments

For the case info, please see the list above.

17. Poland - China

To date, there are 2 court decisions involving the recognition and enforcement of foreign judgments (“REFJ”) between China and Poland. More specifically:

  • In China, there are two cases, where the Chinese courts recognized Polish judgments.

Have China and Poland concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review Polish judgments? The bilateral treaty.

Cases between China and Poland on Recognition of Foreign Judgments

For the case info, please see the list above.

18. Russia - China

To date, there is one court decision involving the REFJ between China and Russia. More specifically:

  • In China, there is one case, where the Chinese court recognized a Russian judgment.

Have China and Russia concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review Russian judgments? The bilateral treaty.

Cases between China and Russia on Recognition of Foreign Judgments

For the case info, please see the list above.

19. Singapore - China

To date, there are 4 court decisions involving the REFJ between China and Singapore. More specifically:

  • In China, there are 3 cases, where Chinese courts recognized two Singaporean judgments, while refused to recognize a Singaporean judgment.
  • In Singapore, there is one case, where the Singaporean court recognized Chinese judgments.  

Have China and Singapore concluded any treaty concerning REFJ? No, but the heads of the supreme courts in China and Singapore signed China-Singapore Memorandum of Guidance on Recognition and Enforcement of Money Judgments (Memorandum of Guidance).

What is the prerequisite and basis for Chinese courts to review Singaporean judgments? Reciprocity.

Cases between China and Singapore on Recognition of Foreign Judgments

For the case info, please see the list above.

20. South Korea - China

To date, there are 7 court decisions involving the REFJ between China and South Korea. More specifically:

  • In China, there are 5 cases, among which, the Chinese courts recognized South Korean judgments in 2 cases, while refused to recognize South Korean judgments in 2 cases.
  • In South Korea, there are 2 cases, where Chinese judgments are recognized.  

Have China and South Korea concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review South Korean judgments? Reciprocity.

Cases between China and South Korea on Recognition of Foreign Judgments

For the case info, please see the list above.

21. Turkey - China

To date, there is one court decision involving the REFJ between China and Turkey. More specifically:

  • In China, there is one case, where the Chinese court recognized a Turkish judgment.

Have China and Turkey concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review Turkish judgments? The bilateral treaty.

Cases between China and Turkey on Recognition of Foreign Judgments

For the case info, please see the list above.

22. UAE - China

To date, there are three court decisions involving the REFJ between China and the UAE. More specifically:

  • In China, there are three cases, among which the Chinese courts recognized UAE judgments in two cases.

Have China and the UAE concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review UAE judgments? The bilateral treaty.

Cases between China and UAE on Recognition of Foreign Judgments

For the case info, please see the list above.

23. UK - China

To date, there are 2 court decisions involving the REFJ between China and the UK. More specifically:

  • In China, there is one case, where the Chinese court refused to recognize British judgments.
  • In the UK, there is one case, where the British court recognized a Chinese judgment.  

Have China and the UK concluded any treaty concerning REFJ? No.

What is the prerequisite and basis for Chinese courts to review British judgments? Reciprocity.

Cases between China and UK on Recognition of Foreign Judgments

For the case info, please see the list above.

24. Uzbekistan - China

To date, there are two court decisions involving the REFJ between China and Uzbekistan. More specifically:

  • In China, there are two cases, where the Chinese courts refused to recognize Uzbekistani judgments.

Have China and Uzbekistan concluded any treaty concerning REFJ? Yes.

What is the prerequisite and basis for Chinese courts to review Uzbekistani judgments? The bilateral treaty.

Cases between China and the USA on Recognition of Foreign Judgments

For the case info, please see the list above.

 

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If you would like to discuss with us about the post, or share your views and suggestions, please contact Ms. Meng Yu (meng.yu@chinajusticeobserver.com). If you would like to acquire the full text of these decisions, please also contact Ms. Meng Yu.

If you need legal services for the recognition and enforcement of foreign judgments and arbitral awards in China, please contact Mr. Guodong Du (guodong.du@chinajusticeobserver.com ). Du and his team of experienced attorneys will be able to assist you.

If you wish to receive news and gain deep insights into the Chinese judicial system, please feel free to subscribe to our newsletters (subscribe.chinajusticeobserver.com ).

Contributors: Guodong Du 杜国栋 , Meng Yu 余萌

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