A study on how the CISG is applied by CIETAC sheds light on the ins and outs of its application in arbitration in China.
Conflict of Laws in China / Private International Law in China
U.S. EB-5 Visa Fraud Judgments Partially Recognized in China: Recognizing Damages But Not Punitive Damages
In 2022, Guangzhou Intermediate People’s Court of China ruled to partially recognize and enforce three EB-5 visa fraud-related judgments rendered respectively by the US District Court for the Central District of California and the Superior Court of California, County of Los Angeles.
In 2022, the New South Wales Supreme Court of Australia ruled to recognize two Chinese civil settlement statements, which were considered as ‘foreign judgments’ under Australian law (Bank of China Limited v Chen  NSWSC 749).
In 2019, due to parallel proceedings, Shenzhen Intermediate People’s Court of China ruled to dismiss the application for enforcing a New Zealand judgment (Americhip, Inc. v. Dean et al. (2018) Yue 03 Min Chu No. 420 ).
In 2020, Ningbo Intermediate People’s Court of China ruled in Wen v. Huang et al. (2018) to recognize and enforce a US judgment, marking the third time that American monetary judgments have been enforced in China.
How Chinese Courts Determine Reciprocity in Foreign Judgment Enforcement - Breakthrough for Collecting Judgments in China Series (III)
China published a landmark judicial policy on the enforcement of foreign judgments in 2022. This post addresses the newly-introduced criteria for determining reciprocity, which ensures efforts to substantially open the door to foreign judgments.
Is Preservation of Property Available during Recognition and Enforcement of Foreign Judgment in China?
Yes, Chinese courts can grant an application for preservation of property in cases enforcing foreign judgments, as shown by a recent case heard by Beijing Fourth Intermediate People's Court.
In Chinese judicial practices, unless the jurisdictional clause clearly stipulates that is "non-exclusive", it is more likely that the agreement of jurisdiction would be deemed as "exclusive".
The Supreme People's Court applied the doctrine of forum non convenient for the first time in Aug. 2019, taking a momentous step forward in this brand new practice, which was unfamiliar for most Chinese courts.