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.)
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).
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 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.
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.
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.
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.
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.
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.
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 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).
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, 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.
Tue, 10 Sep 2024 China Law in One Minute CJO Staff Contributors Team
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.
Tue, 03 Sep 2024 China Legal Trends CJO Staff Contributors Team
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.
Tue, 03 Sep 2024 China Legal Trends CJO Staff Contributors Team
In June 2024, China’s Supreme People’s Court (SPC) released five typical cases of financial fraud, aiming to strengthen the punishment of financial fraud, protect the legitimate rights and interests of investors, and promote the sound development of the industry.
Tue, 03 Sep 2024 China Legal Trends CJO Staff Contributors Team
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.
Tue, 03 Sep 2024 China Legal Trends CJO Staff Contributors Team
In June 2024, China's Supreme People's Procuratorate (SPP) released a set of typical public interest litigation cases focused on protecting cultural heritage, highlighting legal actions taken against violations like unauthorized alterations and illegal occupation of cultural sites.
Tue, 20 Aug 2024 China Law in One Minute CJO Staff Contributors Team
China's “Regulation on Fair Competition Review”, effective August 1, 2024, establishes a legal system to prevent government policies from unfairly restricting market competition.
Tue, 20 Aug 2024 China Legal Trends CJO Staff Contributors Team
In May 2024, China's Supreme People's Court (SPC) issued guiding cases on judicial protection for minors, addressing issues like school bullying, domestic abuse of minors, and marital guardianship.
Tue, 20 Aug 2024 China Legal Trends CJO Staff Contributors Team
In May 2024, China's Supreme People's Court (SPC) released typical cases demonstrating judicial efforts to protect the Yellow River Basin's ecology, coinciding with the first anniversary of the Yellow River Protection Law.
Tue, 20 Aug 2024 China Legal Trends CJO Staff Contributors Team
In May 2024, China’s Ministry of Public Security (MPS) announced that major crime syndicates in northern Myanmar have been dismantled since 2023, repatriating over 49,000 telecom fraud suspects and significantly curbing fraud-related crimes.
Wed, 14 Aug 2024 China Legal Trends CJO Staff Contributors Team
In April 2024, China's Supreme People's Court (SPC) released six typical cases on labor disputes to guide similar cases, emphasizing worker rights and clarifying limitations on non-compete agreements.
Wed, 14 Aug 2024 China Legal Trends CJO Staff Contributors Team
The Chinese local court in Guangzhou approved a Finnish divorce judgment in just 15 days, utilizing the Apostille Convention to authenticate the foreign document.
Wed, 14 Aug 2024 China Legal Trends CJO Staff Contributors Team
In April 2024, the Wuxi International Commercial Court marked its first anniversary by releasing typical cases that illustrate the ascertainment and application of foreign law in international commercial disputes.
