Apart from those in the Prep Checklist, which can be found in the ‘2022 Guide to Enforce Foreign Judgments in China’, the applicant needs to prepare one more document in the case of foreign default judgments, that is, the proof documents to prove that the foreign court has legally summoned the defendant.
Service Procedure in Chinese Courts
No. Under Chinese laws, it is invalid to serve foreign judgments by mail/e-mail/fax to litigants in China.
Yes. In order to facilitate judicial assistance in international civil and commercial matters, China’s Ministry of Justice launched an online Civil and Commercial Judicial Assistance System in 2019 at www.ilcc.online.
No. According to The Hague Service Convention, the legalization or notarization of the judicial documents transferred between the Central Authorities is not necessary.
No. After the documents are received, they will be registered with a number, and then processed.
It will impede the enforcement of this judgment in China, says the Ministry of Justice (MOJ). And the MOJ is not bluffing.
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.