The 1961 Apostille Convention, effective in China as of November 2023, simplifies the authentication of foreign documents for use in Chinese courts by replacing traditional consular legalization with apostille. Note that authentication is only required for certain types of documents under Chinese law, and the apostille process applies only when the 1961 Convention is relevant.
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.)
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.
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 September 2024, China's Supreme People's Court (SPC) published eight typical cases on antitrust and unfair competition, highlighting issues like price-fixing, market dominance abuse, and deceptive practices.
In 2016, a Chinese local court in Shandong recognized and enforced an arbitral award from the International Cotton Association(ICA) in the case of Olam International, setting a clear standard for assessing public policy under the New York Convention.
In 2024, the Xiamen International Commercial Tribunal introduced "Consensual Jurisdiction Model Clauses" to enhance party autonomy in jurisdiction agreements, aiming to position the Tribunal as a preferred venue for resolving international commercial disputes.
On September 26, 2024, China's Supreme People's Court (SPC) issued a judicial interpretation clarifying tort liability under the Civil Code, addressing issues like child abduction, dangerous animals, and emotional harm to unify legal standards in these areas.
In September 2024, the newly revised “National Defense Education Law of the People’s Republic of China” was passed by the National People’s Congress Standing Committee and came into effect on 21 September.
In June 2024, China revised the implementing regulation for its State Secrets Law, enhancing classification procedures, personnel confidentiality management, and secrecy inspection standards.
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.
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.
The 1961 Apostille Convention, effective in China as of November 2023, simplifies the authentication of foreign documents for use in Chinese courts by replacing traditional consular legalization with apostille. Note that authentication is only required for certain types of documents under Chinese law, and the apostille process applies only when the 1961 Convention is relevant.
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).
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).
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).
In December 2023, the Seventh Session of the Standing Committee of the Fourteenth National People’s Congress (NPC) promulgated the revised Company Law, introducing significant changes to governance, shareholding, and shareholder responsibilities.
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.
Tue, 19 Nov 2024 China Legal Trends CJO Staff Contributors Team
In September 2024, China's Supreme People's Court (SPC) published eight typical cases on antitrust and unfair competition, highlighting issues like price-fixing, market dominance abuse, and deceptive practices.
Tue, 12 Nov 2024 China Legal Trends Meng Yu 余萌
In 2016, a Chinese local court in Shandong recognized and enforced an arbitral award from the International Cotton Association(ICA) in the case of Olam International, setting a clear standard for assessing public policy under the New York Convention.
Tue, 12 Nov 2024 China Legal Trends CJO Staff Contributors Team
In 2024, the Xiamen International Commercial Tribunal introduced "Consensual Jurisdiction Model Clauses" to enhance party autonomy in jurisdiction agreements, aiming to position the Tribunal as a preferred venue for resolving international commercial disputes.
Tue, 05 Nov 2024 China Legal Trends CJO Staff Contributors Team
On September 26, 2024, China's Supreme People's Court (SPC) issued a judicial interpretation clarifying tort liability under the Civil Code, addressing issues like child abduction, dangerous animals, and emotional harm to unify legal standards in these areas.
Tue, 05 Nov 2024 China Legal Trends CJO Staff Contributors Team
China's National People's Congress has approved a gradual increase in the statutory retirement age for men and women, set to begin on January 1, 2025, marking the first adjustment in over 70 years.
Tue, 05 Nov 2024 China Legal Trends CJO Staff Contributors Team
In 2023, Chinese courts processed over 16,000 commercial arbitration cases, achieving a 5.11% set-aside rate, a 95.73% support rate for preservation (interim measures) cases, and a 92% recognition and enforcement rate for foreign arbitral awards, highlighting its pro-arbitration approach.
Thu, 31 Oct 2024 China Law in One Minute CJO Staff Contributors Team
In September 2024, the newly revised “National Defense Education Law of the People’s Republic of China” was passed by the National People’s Congress Standing Committee and came into effect on 21 September.
Thu, 31 Oct 2024 China Legal Trends CJO Staff Contributors Team
In September 2024, China’s Supreme People’s Court (SPC) released six typical cases to demonstrate its support for Hong Kong arbitration, emphasizing judicial cooperation and the recognition of arbitral awards to foster international arbitration development.
Thu, 31 Oct 2024 China Legal Trends CJO Staff Contributors Team
In August 2024, China’s Supreme People’s Court (SPC) issued a judicial interpretation that addresses punitive damages in food safety cases, featuring typical cases to establish uniform standards and enhance consumer protection.
Sat, 26 Oct 2024 Insights Meng Yu 余萌
The 1961 Apostille Convention, effective in China as of November 2023, simplifies the authentication of foreign documents for use in Chinese courts by replacing traditional consular legalization with apostille. Note that authentication is only required for certain types of documents under Chinese law, and the apostille process applies only when the 1961 Convention is relevant.
Sat, 26 Oct 2024 China Legal Trends CJO Staff Contributors Team
In the first half of 2024, China's Supreme People's Procuratorate (SPP) reported significant increases in arrests and prosecutions, as well as a notable rise in retrials based on their recommendations in civil cases.
Tue, 15 Oct 2024 China Legal Trends CJO Staff Contributors Team
China's first foreign-related ad hoc maritime arbitration case, involving a crew management contract dispute, was concluded in Shanghai, applying international practices and newly adopted local arbitration regulations.
Tue, 15 Oct 2024 China Legal Trends CJO Staff Contributors Team
In August 2024, China's top judicial organs released new judicial interpretations, establishing clear standards for the conviction and sentencing of money laundering offenses following significant amendments to the PRC Criminal Law.
Mon, 14 Oct 2024 China Legal Trends CJO Staff Contributors Team
In July 2024, China's Supreme People’s Procuratorate (SPP), Supreme People’s Court (SPC), and the Ministry of Public Security released ten typical cases to highlight their intensified efforts to combat cross-border telecom and online fraud, emphasizing organized crime and emerging technologies.
Sun, 22 Sep 2024 Insights Guodong Du 杜国栋 , Meng Yu 余萌
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.)
Tue, 17 Sep 2024 China Legal Trends CJO Staff Contributors Team
China's 2024 white paper titled “China’s Energy Transition” shows clean energy now makes up 58.2% of installed power capacity, with wind and solar increasing tenfold over a decade, and clean energy consumption rising from 15.5% to 26.4% of total energy use.
Tue, 17 Sep 2024 China Legal Trends CJO Staff Contributors Team
In July 2024, China's Supreme People's Court (SPC) issued its first batch of typical cases to illustrate the application of foreign laws, aiming to enhance the judiciary's understanding of its 2023 judicial interpretation on ascertainment of foreign law.
Tue, 17 Sep 2024 China Legal Trends CJO Staff Contributors Team
In June 2024, China revised the implementing regulation for its State Secrets Law, enhancing classification procedures, personnel confidentiality management, and secrecy inspection standards.
Tue, 10 Sep 2024 Insights Meng Yu 余萌
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).
Tue, 10 Sep 2024 China Legal Trends CJO Staff Contributors Team
China's revised Company Law introduces a paid-in capital system, requiring shareholders to fully contribute their subscribed capital within five years, with a three-year transition period for existing companies to adjust their capital contributions.
