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, 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).
Wed, 06 Mar 2024 Insights Guodong Du 杜国栋 , Meng Yu 余萌
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).
Thu, 29 Feb 2024 Insights Guodong Du 杜国栋 , Meng Yu 余萌
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).
Sun, 31 Dec 2023 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In 2022, the Ontario Superior Court of Justice of Canada refused to grant summary judgment to enforce a Chinese monetary judgment in the context of two parallel proceedings in Canada, indicating that the two proceedings should proceed together as there was factual and legal overlap, and triable issues involved defenses of natural justice and public policy (Qingdao Top Steel Industrial Co. Ltd. v. Fasteners & Fittings Inc. 2022 ONSC 279).
Sun, 17 Dec 2023 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In 2016, the Singapore High Court refused to grant summary judgment to enforce a Chinese civil settlement statement, citing uncertainty about the nature of such settlement statements, also known as ‘(civil) mediation judgments’ (Shi Wen Yue v Shi Minjiu & Anor [2016] SGHC 137).
Sun, 03 Dec 2023 Insights Meng Yu 余萌
The Fifth Amendment (2023) to the PRC Civil Procedure Law has opened a new chapter on international civil jurisdiction rules in China, covering four types of jurisdictional grounds, parallel proceedings, lis alibi pendens, and forum non conveniens. This post focuses on how conflicts of jurisdiction are resolved through mechanisms such as lis alibi pendens, and forum non conveniens.
Sun, 26 Nov 2023 Insights Meng Yu 余萌
The Fifth Amendment (2023) to the PRC Civil Procedure Law has opened a new chapter on international civil jurisdiction rules in China, covering four types of jurisdictional grounds, parallel proceedings, lis alibi pendens, and forum non conveniens. This post focuses on the four types of jurisdictional grounds, namely special jurisdiction, jurisdiction by agreement, jurisdiction by submission, and exclusive jurisdiction.
Sun, 05 Nov 2023 Insights Meng Yu 余萌
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.
Sun, 22 Oct 2023 Insights Guodong Du 杜国栋 , Meng Yu 余萌
In 2021, the Supreme Court of British Columbia, Canada, puzzled by mechanisms such as retrial and procuratorate protest in the Chinese judicial system, refused to grant a summary judgment enforcing a Chinese judgment on the ground of finality (Yang v. Kong, 2021 BCSC 809).