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Conference Summary of the Symposium on Foreign-Related Commercial and Maritime Trials of Courts Nationwide (Sup. People's Ct. China)

Published online by Cambridge University Press:  06 March 2023

Yong Gan
Yong Gan*
Affiliation:
Associate Professor of Law, Ph.D. in Laws, Wuhan University Institute of International Law, Wuhan University School of Law, China.
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Extract

China's foreign judgment recognition and enforcement regime has been the least developed part of its private international law, as opposed to jurisdiction and choice of law. The regime remained almost immutable over three decades from the 1980s, even though the civil procedure law that established it went through several revisions. Under the present Civil Procedure Law (CPL), the regime consists of rules regarding qualified applicants, legal bases, and refusal grounds for recognition and enforcement. According to these rules, the creditor of an effective foreign judgment or the foreign court rendering it may seek its recognition and enforcement before a Chinese court. The Chinese court shall review the application based on international treaties China has concluded or acceded to, or the principle of reciprocity. If the effective foreign judgment has not proven to contravene the fundamental principles of Chinese laws and the sovereignty, security, and public social interests of the state, it will be recognized and enforced; otherwise, it will not receive recognition and enforcement.

Type
International Legal Documents
Information
International Legal Materials , Volume 62 , Issue 3 , June 2023 , pp. 587 - 593
Copyright
Copyright © The Author(s), 2023. Published by Cambridge University Press on behalf of The American Society of International Law

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References

ENDNOTES

1 Minshi susong fa (Shixing) [Civil Procedure Law (Trial Version)](promulgated on Mar. 8, 1982, effective Oct. 1, 1982 and repealed April 1991), art. 204; Minshi susong fa [Civil Procedure Law] (passed by the 4th Session of the 7th Nat'l People's Cong., Apr. 9, 1991, amended on, Oct. 28, 2007, Aug. 31, 2012; June 27, 2017 and Oct. 24, 2021), arts 288, 289. [hereinafter CPL]

2 CPL art. 288.

3 Id. art. 289.

4 Zhonghua Renmin Gongheguo Zui gao ren min fa yuan gong bao (Gazette of the Supreme People's Court of the People's Republic of China), vol. 45, No. 1, 1996.

5 See, e.g., Awabiya Ltd.'s Application for Japanese Judgment Recognition and Enforcement, (2001) Hu Yi Zhong Jing Chu Zi, No. 267 (Shanghai First Interm. People's Ct.); Russian National Orchestra & Art Mont Co.'s Application for Foreign Judgment Recognition and Enforcement, (2004) Er Zhong Min Te Zi, No. 928 (Beijing Second Interm. People's Ct. Dec.19, 2005); SPC's Reply Regarding the Applicant Power Engine Flush's Application for Recognition and Enforcement of An Australian Court Judgment, (2006) Min Si Ta Zi, No. 45, (Sup. People's Ct., Mar. 1, 2007 ); Dongbin's Application for Foreign Judgment Recognition and Enforcement, (2014) Tan Zhong Min San Chu Zi, No. 181, (Xiangtan Interm. People's Ct., Apr. 22, 2015); Zhang Xiaoxi's Application for Foreign Judgment Recognition and Enforcement, (2015) Shen Zhong Min Si Te Zi, No. 2 (Shenyang Interm. People's Ct. Apr. 8, 2015); S. L. Jonas Ltd.'s Application for An Israel Judgment Recognition and Enforcement, (2017) Min 01 Xie Wai Ren No. 4 (Fuzhou Interm. People's Ct., Nov. 16, 2017).

6 Zuigao Renmin Fayuan Guan yu ren min fa yuan wei yi dai yi lu jian she ti gong si fa fu wu he bao zhang de ruo gan yi jian [Several Opinions of the Supreme People's Court Regarding the Provision by People's Courts of Judicial Service and Protection for the Construction of One-belt-one-road], fa [2015] No.9., art. 6.

7 Di er jie Zhongguo- Dongmeng da fa guan lun tan Nanning sheng ming [Nanning Declaration for the Second China-ASEAN Justice Forum], art. 7, https://www.chinacourt.org/article/detail/2017/06/id/2891257.shtml.

8 Arrangement on the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region Pursuant to Choice of Court Agreements between Parties Concerned, July 2006; Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region, January 2019.