The booming cross-border e-commerce in China has resulted in a concomitant rise in cross-border disputes among Chinese exporters, Chinese e-commerce platforms, overseas consumers, and overseas e-commerce platforms. Judges of Hangzhou Internet Court shared their reflections on the trial of cross-border e-commerce cases.
Litigation in China
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).
China published a landmark judicial policy on the enforcement of foreign judgments in 2022. This post addresses the ex ante internal approval and ex post filings - a mechanism designed by China’s Supreme Court to ensure impartiality in enforcing foreign judgments.
China published a landmark judicial policy on the enforcement of foreign judgments in 2022. This post outlines what to include in an application for enforcing a foreign judgment in China.
The 2021 Conference Summary enables an ever greater number of foreign judgments to be enforced in China, by making substantial improvements from both the “threshold” and “criteria”.
China’s Supreme Court’s newly-issued 2021 Conference Summary on cross-border commercial and maritime litigation, addressed, among others, jurisdiction clauses, cross-border electronic service, and recognition and enforcement of foreign judgments.
In July 2021, a Chinese court recognized a Singapore judgment based on reciprocity, a key prerequisite that was earlier confirmed by the China-Singapore memorandum on recognition and enforcement of judgments.
It costs less to sue in Chinese courts. Moreover, Chinese courts are trustworthy for the enforcement of commercial contracts.
Two recent notices issued by Chinese local courts manifest that the litigation explosion has delayed the trial schedule for many cases, amounting to a significant extension in the actual time of legal proceedings.
Apart from pleadings and evidence, foreign companies in Chinese courts need to complete a series of formalities, which can sometimes be somewhat cumbersome. Therefore, it is necessary to spare sufficient time (and costs) to get ready.