China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Can Foreign Judgments be Served by Mail//E-mail/Fax to Litigants in China?|Service of Process and Foreign Judgment Enforcement Series (4)-CTD 101 Series

Thu, 13 Apr 2023
Contributors: Meng Yu 余萌
Editor: C. J. Observer

No. Under Chinese laws, it is invalid to serve foreign judgments by mail/e-mail/fax to litigants in China. Such service will be regarded as a procedural defect, resulting in a substantial obstacle for applications of enforcing foreign judgments in China.

This post was first published in CJO GLOBAL, which is committed to providing consulting services in China-related cross-border trade risk management and debt collection. We will explain how debt collection works in China below.

In the view of Chinese courts, when a foreign judgment is not properly served upon the litigant in China, its appeal rights were not reasonably guaranteed, which would constitute a dismissal or refusal ground for judgment enforcement under Chinese laws.

More cases can be found in an earlier post ‘Do Foreign Judgments Need to be Served to Litigants in China?’.

 

 

* * *

Do you need support in cross-border trade and debt collection?

CJO Global's team can provide you with China-related cross-border trade risk management and debt collection services, including: 
(1) Trade Dispute Resolution
(2) Debt Collection
(3) Judgments and Awards Collection
(4) Bankruptcy & Restructuring
(5) Company Verification and Due Diligence
(6) Trade Contract Drafting and Review

If you need our services, or if you wish to share your story, you can contact our Client Manager Susan Li (susan.li@yuanddu.com).

If you want to know more about CJO Global, please click here.

If you want to know more about CJO Global services, please click here.

If you wish to read more CJO Global posts, please click here.

 

 

Photo by Mathyas Kurmann on Unsplash

Contributors: Meng Yu 余萌

Save as PDF

You might also like

China Updates Regulation for State Secrets Law

In June 2024, China revised the implementing regulation for its State Secrets Law, enhancing classification procedures, personnel confidentiality management, and secrecy inspection standards.

China Issues Regulation on Rare Earth Administration

In April 2024, China introduced its first comprehensive regulation on rare earth management, addressing production, circulation, and reserves to ensure a regulated market and sustainable industry development.

China Revises Frontier Health and Quarantine Law

In June 2024, China revised its Frontier Health and Quarantine Law (国境卫生检疫法) to enhance measures against infectious disease transmission, including new quarantine protocols and medical priority for affected individuals.

China Issues New Regulations to Combat Cyber Violence

In June 2024, China's Cyberspace Administration, along with several ministries, issued new regulations to strengthen the governance of cyber violence, focusing on content management, user protection, and legal accountability.

China Enacts Tariff Law

In April 2024, China's legislature adopted the Tariff Law, effective December 1, 2024, establishing the legislative framework for tariff administration and clarifying tariff authorities, payers, exemptions, and preferential policies.

China Enacts Academic Degrees Law

China's legislature passed the Academic Degrees Law to regulate degree granting, ensure degree quality, and protect the rights of degree applicants, effective January 1, 2025.