C. J. Observer
On 8 June 2021, China Justice Observer released the 2021 version of List of China’s Cases on Recognition of Foreign Judgments. To date, we have collected 72 cases involving China and 24 foreign States and regions.
China's Supreme Court made a final judgment applying HCCH 1965 Service Convention to serve a Japanese litigant by post in 2019, under the situation where the government of Japan opposed to postal service but the Japanese litigant agreed to accept it.
To enforce a foreign arbitral award in China, the average length of proceedings is 596 days, the court costs are no more than 1.35% of the amount in controversy or 500 CNY, and the attorney's fees are, on average, 7.6% of the amount in controversy.
People have complained that IP creates a monopoly which causes some social issues such as the affordability of patented pharmaceutical drugs. However, we can see this argument from the following aspects.
In 2019, the Chinese courts have heard a total of 30 cases concerning the recognition and enforcement of foreign arbitral awards.
Asian Business Law Institute (ABLI) has recently published a quantitative analysis based on CJO's Case List, focusing on applications to recognize and enforce foreign judgments in China.
What Role has Private International Law Played?