Fri, 31 Jul 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In Dec. 2019, China's Supreme Court issued the second Belt and Road Initiative Opinions, introducing the “presumptive reciprocity” for the first time and addressing mutual enforcement of foreign judgments by international commercial courts.
Sat, 08 Dec 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
An empirical study, conducted by Prof. Liu Jingdong, analyzes China’s progress on recognition and enforcement of foreign arbitral awards since 2015, through a comparison between 81 cases in 2015-2017 and the pre-2015 replies issued by the Supreme People’s Court of China.
Sat, 10 Nov 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Chinese courts recognized and enforced a U.S. judgment for the second time, indicating that U.S. judgments have begun to be recognized and enforced in China in a normalized way. Any U.S. judgment, whether made by a federal court or a state court, may be recognized and enforced in China.
Sat, 22 Sep 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Supreme People’s Court Judge Liu Guixiang (刘贵祥) and Judge Zhang Yongjian (张勇健) brief about the current situation of China International Commercial Court (CICC).
Tue, 11 Sep 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Chinese courts are going one step further in the recognition and enforcement of foreign judgments in civil and commercial matters.
Tue, 04 Sep 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
The post introduces one of the biggest difficulties encountered by Chinese courts in the trial of foreign-related civil and commercial cases: how to ascertain foreign law.
Mon, 23 Apr 2018 Insights Yongping XIAO 肖永平
Chinese expert Prof. Yongping Xiao indicates, if China wishes to promote the Belt and Road Initiative (BRI), improvements in the international credibility of the Chinese judiciary is required.
Wed, 11 Apr 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
The service procedure is one of the key matters reviewed by Chinese courts in the recognition and enforcement of foreign judgments. There is no specific stipulation in China, at present, about how to review the procedure of services. Nevertheless, we attempt to learn the practices by Chinese courts from relevant decided cases.
Sun, 25 Mar 2018 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Chinese courts have long been perplexed by the problem of how to accurately ascertain and apply foreign law. There is a tendency to apply the lex fori, i.e., Chinese law, which is familiar to Chinese judges, on the grounds of failure to prove the foreign law, due to the fact that the judges lack convenient means in ascertainment.