Sun, 22 Sep 2024 Insights Guodong Du 杜国栋 , Meng Yu 余萌
On 22 September 2024, China Justice Observer released the 2024 version of the List of China’s Cases on Recognition of Foreign Judgments. To date, we have collected 109 cases involving China and 26 foreign States and regions. (Note: Foreign divorce judgments are excluded from the Case List.)
Tue, 06 Aug 2024 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In 2024, a local Chinese court in Nanning, Guangxi, ruled to recognize and enforce a Thai monetary judgment. Apart from being the first case of enforcing Thai monetary judgments in China, it is also the first publicly reported case confirming a reciprocal relationship based on “presumptive reciprocity” (Guangxi Nanning China Travel Service Co., Ltd. v. Orient Thai Airlines Co., Ltd. (2023) Gui 71 Xie Wai Ren No. 1).
Thu, 25 Apr 2024 Insights Guodong Du 杜国栋 , Meng Yu 余萌
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).
Wed, 17 Apr 2024 China Law in One Minute Guodong Du 杜国栋 , Meng Yu 余萌
Can I sue Chinese companies in France and then enforce a French judgment in China?
Wed, 06 Mar 2024 Insights Guodong Du 杜国栋 , Meng Yu 余萌
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).
Thu, 29 Feb 2024 Insights Guodong Du 杜国栋 , Meng Yu 余萌
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).
Sun, 31 Dec 2023 Insights Guodong Du 杜国栋 , Meng Yu 余萌
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).
Sun, 17 Dec 2023 Insights Guodong Du 杜国栋 , Meng Yu 余萌
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).
Sun, 22 Oct 2023 Insights Guodong Du 杜国栋 , Meng Yu 余萌
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).
Sun, 01 Oct 2023 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In 2018, the Supreme Court of British Columbia, Canada refused to give a summary judgment in favor of a Chinese judgment creditor on the ground of finality (Xu v Yang, 2018 BCSC 393).