September 2024 Update: List of China’s Cases on Recognition of Foreign Judgments

On 22 September 2024, China Justice Observer released the 2024 version of the List of China’s Cases on Recognition of Foreign Judgments. To date, we have collected 109 cases involving China and 26 foreign States and regions. (Note: Foreign divorce judgments are excluded from the Case List.)

Chinese Court Refuses to Recognize Russian Judgment Due to Due Process

In 2020, a local Chinese court in Beijing ruled against the recognition and enforcement of a Russian monetary judgment on the grounds that the party in absentia had not been properly summoned (the case of Chepetsky Mechanical Plant Joint-Stock Company (2020) Jing 04 Xie Wai Ren No. 2).

First Thai Monetary Judgment Enforced in China, Highlighting Presumptive Reciprocity in China-ASEAN Region

In 2024, a local Chinese court in Nanning, Guangxi, ruled to recognize and enforce a Thai monetary judgment. Apart from being the first case of enforcing Thai monetary judgments in China, it is also the first publicly reported case confirming a reciprocal relationship based on “presumptive reciprocity” (Guangxi Nanning China Travel Service Co., Ltd. v. Orient Thai Airlines Co., Ltd. (2023) Gui 71 Xie Wai Ren No. 1).

A Chinese Judgment Denied Enforcement by Court of NSW Australia, Due to Defective Service by Post？

In 2023, the Supreme Court of New South Wales, Australia ruled to refuse the enforcement of a Chinese monetary judgment on the ground that the judgment debtor had been denied procedural fairness arising from defective service by post (Zhou v Jing [2023] NSWSC 214).

A Chinese Judgment Denied Enforcement in Australia, As "Public Announcement" against Natural Justice?

In 2023, the Supreme Court of Victoria, Court of Appeal, Australia, set aside a summary judgment for the enforcement of a Chinese monetary judgment on the ground that the judgment debtor had been denied natural justice (Yin v Wu [2023] VSCA 130).

First Case of Reciprocal Commitment: China Requests Azerbaijan to Enforce its Judgment Based on Reciprocity

In 2019, in the Zhou et al. v. Vusal case, China's request to Azerbaijan for judgment recognition and enforcement was accompanied by its reciprocal commitment through a diplomatic note, marking the first time China made a reciprocal commitment to a foreign country regarding recognition and enforcement of foreign judgments.

Decoding the Turning Point: A Closer Look at China’s Recognition of Japanese Bankruptcy

This follow-up article focuses on the Chinese Court's detailed review of the Shanghai International Corporation case in 2023, highlighting the significance of reciprocity in cross-border bankruptcy proceedings and underscoring China's evolving approach to recognizing foreign judgments (See In re Shanghai International Corporation (2021) Hu 03 Xie Wai Ren No.1).

Malaysia Dismisses Application to Enforce Chinese Judgment Due to “Procedural Irregularities” in 2023

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).

2024 Guide to Enforce French Judgments in China

Can I sue Chinese companies in France and then enforce a French judgment in China?

Thus Spoke Chinese Judges on Foreign Judgments Recognition and Enforcement: Insights from Chinese Supreme Court Justices on 2023 Civil Procedure Law Amendment (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.