Since 16 July 2019, CJO has been maintaining a List of China’s Cases on Recognition of Foreign Judgments (List), which identifies not only applications to recognize and enforce foreign judgments in China, but also applications to recognize and enforce Chinese judgments in foreign countries.
We are delighted to learn that the Asian Business Law Institute (ABLI) has recently published a quantitative analysis based on the List, focusing specifically on applications to recognize and enforce foreign judgments in China. (N.B.: The analysis reflects the author's opinions, and not necessarily the views of China Justice Observer.)
Five key insights can be distilled from this quantitative analysis:
- Almost three in every five applications to enforce foreign judgments in China fail.
- Seven in every ten applications brought under China’s Civil Procedure Law fail.
- Almost six in every ten applications brought under a bilateral agreement succeed.
- For every ten applications brought under China’s Civil Procedure Law, five fail for want of reciprocity.
- Fourteen percent of all applications fail for procedural errors.
Each of the above key insights and more are discussed in more detail in ABLI's Quantitative Analysis of the Enforcement of Foreign Judgments in China (December 2020) available at https://payhip.com/b/haBy.
We hope these key insights plus our List will contribute to a better understanding of foreign judgments recognition and enforcement in China.
Photo by NICHOLAS LOO(https://unsplash.com/@nickkloo) on Unsplash
Contributors: Meng Yu 余萌
