In 2023, Malaysia's High Court in Kuala Lumpur dismissed an application to enforce a Chinese monetary judgment, citing procedural irregularities and highlighting the significance of complying with formalities when presenting proof of foreign judgments (Mah Sau Cheong v. Wee Len, OS No. WA-24NCvC-800-03/2022).
The Fifth Amendment (2023) to the PRC Civil Procedure Law introduced the long-awaited rule on refusal grounds of recognition and enforcement. This time, the four new articles provide the missing piece of the framework for the recognition and enforcement of foreign judgments in China.
On 20 August 2023, China Justice Observer released the 2023 version of the List of China’s Cases on Recognition of Foreign Judgments. To date, we have collected 98 cases involving China and 25 foreign States and regions. (Note: Foreign divorce judgments are excluded from the Case List.)
Academy for the Rule of Law at China University of Political Science and Law
中国政法大学全面依法治国研究院
No, the agreement, at least the part relating to the organizational structure and internal governance matters, may not be arbitrable, says Beijing Second Intermediate People's Court in Tang v. Beijing XX Decoration Technology Company (2019).
German investors benefit from the new Chinese Foreign Investment Law.
The Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong SAR (2020) provides detailed interpretation on reciprocal enforcement of arbitral awards, and further refines the interregional judicial assistance system.
In December 2023, China's Supreme People's Court (SPC) and Supreme People's Procuratorate (SPP) jointly released five typical cases of private fund crimes, aiming to establish uniform standards for handling such crimes nationwide and combatting criminal activities within the private fund sector.
In December 2023, China's Supreme People's Procuratorate (SPP) released eight typical cases of public interest litigation targeting cultural relics protection, demonstrating concerted efforts to preserve cultural heritage through legal means.
In December 2023, China updated its patent law implementation regulations, introducing revisions to enhance the design patent system, and to clarify patent term extensions.
In December 2023, China’s Supreme People's Court issued its 39th batch of guiding cases focused on intellectual property rights, covering various aspects such as IPR infringement disputes, patent ownership, and copyright ownership.
In December 2023, China updated its patent law implementation regulations, introducing revisions to enhance the design patent system, and to clarify patent term extensions.
Can I sue Chinese companies in France and then enforce a French judgment in China?
Can I sue Chinese companies in Singapore and then enforce a Singaporean judgment in China?
Can I sue Chinese companies in Spain and then enforce a Spanish judgment in China?
In December 2023, China's Supreme People's Court (SPC) reaffirmed the supremacy of international treaties over domestic laws in foreign-related civil and commercial cases with its “Interpretation on Several Issues Concerning the Application of International Treaties and International Practices”(关于审理涉外民商事案件适用国际条约和国际惯例若干问题的解释).
In 2023, Malaysia's High Court in Kuala Lumpur dismissed an application to enforce a Chinese monetary judgment, citing procedural irregularities and highlighting the significance of complying with formalities when presenting proof of foreign judgments (Mah Sau Cheong v. Wee Len, OS No. WA-24NCvC-800-03/2022).
In a historic development, the Shanghai Court recognized a Japanese bankruptcy decision in 2023, signaling a potential shift in the traditionally strained mutual recognition landscape between China and Japan ((2021) Hu 03 Xie Wai Ren No.1).
In 2022, a local Chinese court in Wenzhou, Zhejiang Province, ruled to recognize and enforce a monetary judgment made by the Singapore State Courts, as highlighted in one of the typical cases related to the Belt and Road Initiative (BRI) recently released by China’s Supreme People’s Court (Shuang Lin Construction Pte. Ltd. v. Pan (2022) Zhe 03 Xie Wai Ren No.4).
The 2023 Civil Procedure Law introduces systematic regulations to enhance the recognition and enforcement of foreign judgments, promoting transparency, standardization, and procedural justice, while adopting a hybrid approach for determining indirect jurisdiction and introducing a reconsideration procedure as a legal remedy.
The 2023 Civil Procedure Law introduces a systematic framework for taking of evidence abroad, addressing longstanding challenges in civil and commercial litigation, while also embracing innovative methods like using instant messaging devices, thereby enhancing efficiency and adaptability in legal procedures.
The 2023 Civil Procedure Law adopts a problem-oriented approach, addressing difficulties in the service of process for foreign-related cases by expanding channels and shortening the service by publication period to 60 days for non-domiciled parties, reflecting a broader initiative to enhance efficiency and adapt legal procedures to the complexities of international litigation.
The insights from Chinese Supreme Court Justices on the 2023 Civil Procedure Law Amendment highlight significant modifications to international civil procedure rules, including expanded jurisdiction of Chinese courts, enhancements in consensual jurisdiction, and coordination of international jurisdictional conflicts.
Thu, 09 May 2024 Insights CJO Staff Contributors Team
In December 2023, China's Supreme People's Court (SPC) reaffirmed the supremacy of international treaties over domestic laws in foreign-related civil and commercial cases with its “Interpretation on Several Issues Concerning the Application of International Treaties and International Practices”(关于审理涉外民商事案件适用国际条约和国际惯例若干问题的解释).
Thu, 09 May 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, China's Supreme People's Court (SPC) and Supreme People's Procuratorate (SPP) jointly released five typical cases of private fund crimes, aiming to establish uniform standards for handling such crimes nationwide and combatting criminal activities within the private fund sector.
Thu, 09 May 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, China's Supreme People's Procuratorate (SPP) released eight typical cases of public interest litigation targeting cultural relics protection, demonstrating concerted efforts to preserve cultural heritage through legal means.
Thu, 25 Apr 2024 Insights Meng Yu 余萌
In 2023, Malaysia's High Court in Kuala Lumpur dismissed an application to enforce a Chinese monetary judgment, citing procedural irregularities and highlighting the significance of complying with formalities when presenting proof of foreign judgments (Mah Sau Cheong v. Wee Len, OS No. WA-24NCvC-800-03/2022).
Thu, 25 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, China updated its patent law implementation regulations, introducing revisions to enhance the design patent system, and to clarify patent term extensions.
Thu, 25 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, China’s Supreme People's Court issued its 39th batch of guiding cases focused on intellectual property rights, covering various aspects such as IPR infringement disputes, patent ownership, and copyright ownership.
Thu, 25 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, China's Supreme People's Court issued a judicial interpretation on the Contract section of the Civil Code, aimed at guiding courts in adjudicating disputes and ensuring nationwide consistency in application.
Wed, 17 Apr 2024 China Legal Trends CJO Staff Contributors Team
Beijing International Commercial Court issued guidelines elucidating the application of the HCCH 1961 Apostille Convention in China, aiming to clarify procedures for parties unfamiliar with the Convention and to enable faster, more cost-effective, and more convenient cross-border document circulation.
Wed, 17 Apr 2024 China Law in One Minute Guodong Du 杜国栋 , Meng Yu 余萌
Can I sue Chinese companies in France and then enforce a French judgment in China?
Wed, 17 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, China announced updated standards for drunk driving convictions, stating that individuals who drive with a blood alcohol content (BAC) of 80mg/100ml or higher on a breath test may be held criminally liable, according to the recent joint announcement by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice.
Wed, 17 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, the Chinese Chongqing Court's historic ruling set global FRAND rates for Nokia's 2G-5G patents, resolving the long-standing OPPO v. Nokia dispute and marking a milestone in 5G patent litigation.
Thu, 11 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, China's Supreme People’s Court's newly amended provisions extended the reach of its International Commercial Courts (CICC). To establish a valid choice of court agreement, three requirements must be met - the international nature, the agreement in writing, and the amount in controversy - while the 'actual connection' is no longer required.
Thu, 11 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, the Beijing Intellectual Property Court issued a bilingual guideline, based on international conventions and practical opinions from various institutions, on the supporting documents certifying subject qualification in foreign cases.
Thu, 11 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, Shanghai granted registration to the Korean Commercial Arbitration Board Shanghai Center, marking the establishment of the first foreign arbitration institution in the city under new regulations.
Fri, 05 Apr 2024 Insights Meng Yu 余萌
The 2023 Civil Procedure Law introduces systematic regulations to enhance the recognition and enforcement of foreign judgments, promoting transparency, standardization, and procedural justice, while adopting a hybrid approach for determining indirect jurisdiction and introducing a reconsideration procedure as a legal remedy.
Fri, 05 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, a Shanghai local court set a groundbreaking precedent by issuing investigation orders to assist arbitration institutions, marking the first instance of such support in China's legal landscape.
Fri, 05 Apr 2024 China Legal Trends CJO Staff Contributors Team
In November 2023, Shanghai became the first region in China to legalize ad hoc arbitration by adopting the “Regulations on the Promotion of the Establishment of the International Commercial Arbitration Center in Shanghai”.
Tue, 26 Mar 2024 Insights Meng Yu 余萌
The 2023 Civil Procedure Law introduces a systematic framework for taking of evidence abroad, addressing longstanding challenges in civil and commercial litigation, while also embracing innovative methods like using instant messaging devices, thereby enhancing efficiency and adaptability in legal procedures.
Tue, 26 Mar 2024 China Legal Trends CJO Staff Contributors Team
In November 2023, China's Supreme People's Court (SPC) released typical cases of punitive damages for food safety, emphasizing consumer rights protection and highlighting instances of tenfold compensation awarded to consumers for food safety violations.
Tue, 26 Mar 2024 China Legal Trends CJO Staff Contributors Team
In October 2023, China’s Supreme People’s Court (SPC) issued “Decisions to Amend the Provisions on Several Issues Concerning the Intellectual Property Court”.
