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).
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.
On 20 August 2023, China Justice Observer released the 2023 version of the List of China’s Cases on Recognition of Foreign Judgments. To date, we have collected 98 cases involving China and 25 foreign States and regions. (Note: Foreign divorce judgments are excluded from the Case List.)
Academy for the Rule of Law at China University of Political Science and Law
中國政法大學全面依法治國研究院
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.
China's legislature passed the Academic Degrees Law to regulate degree-granting, ensure degree quality, and protect the rights of degree applicants, effective January 1, 2025.
In April 2024, China's Supreme People's Procuratorate, alongside other organizations, released 12 typical cases to guide courts in strictly punishing crimes against women and children and to encourage victims to seek legal protection.
In April 2024, China's Supreme People's Procuratorate (SPP) released a white paper on IP crime prosecution, highlighting the rise in IP crime cases from 2021 to 2023 and significant cases in emerging technologies.
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 April 2024, China issued the Regulation on Ecological Protection Compensation, aiming to incentivize and compensate ecological protectors through fiscal transfers, interregional agreements, and market mechanisms.
On March 15, 2024, China issued a new regulation to implement the Consumer Protection Law, addressing issues like price discrimination with big data, effective July 1, 2024.
China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.
Can I sue Chinese companies in Russia and then enforce a Russian judgment in China?
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 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.
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).
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.
Wed, 31 Jul 2024 China Legal Trends CJO Staff Contributors Team
China's legislature passed the Academic Degrees Law to regulate degree-granting, ensure degree quality, and protect the rights of degree applicants, effective January 1, 2025.
Wed, 31 Jul 2024 China Legal Trends CJO Staff Contributors Team
In April 2024, China's Supreme People's Procuratorate, alongside other organizations, released 12 typical cases to guide courts in strictly punishing crimes against women and children and to encourage victims to seek legal protection.
Wed, 31 Jul 2024 China Legal Trends CJO Staff Contributors Team
In April 2024, China's Supreme People's Procuratorate (SPP) released a white paper on IP crime prosecution, highlighting the rise in IP crime cases from 2021 to 2023 and significant cases in emerging technologies.
Wed, 24 Jul 2024 Insights Meng Yu 余萌
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).
Wed, 24 Jul 2024 China Legal Trends CJO Staff Contributors Team
In April 2024, China's Supreme People's Court (SPC) issued guidelines requiring courts to remind divorcing parents of their responsibilities towards minors to ensure their physical and mental well-being.
Wed, 24 Jul 2024 China Legal Trends CJO Staff Contributors Team
In April 2024, China's Supreme People's Court (SPC) released the top 10 IP cases and 50 typical IP cases of 2023, emphasizing the protection of IP rights, including a notable ruling on Siemens trademark infringement and unfair competition.
Wed, 24 Jul 2024 China Legal Trends CJO Staff Contributors Team
In April 2024, China's Supreme People's Court(SPC) released its 2023 report on intellectual property protection, highlighting a 3.41% increase in accepted cases, and a 117% rise in punitive damages awarded.
Thu, 11 Jul 2024 China Legal Trends CJO Staff Contributors Team
In March 2024, the Shanghai Bankruptcy Court published 10 typical cases from 2023, highlighting cross-border insolvency cooperation, including a landmark case of mainland assistance in Hong Kong insolvency proceedings (In re Hong Kong Fresh Water International Group Ltd).
Thu, 11 Jul 2024 China Law in One Minute CJO Staff Contributors Team
In April 2024, China issued the Regulation on Ecological Protection Compensation, aiming to incentivize and compensate ecological protectors through fiscal transfers, interregional agreements, and market mechanisms.
Thu, 11 Jul 2024 China Legal Trends CJO Staff Contributors Team
In April 2024, China's Supreme People's Court (SPC) released five typical cases illustrating crimes against public security, emphasizing clarifications on trial criteria and sentencing principles, featuring a case involving serious injuries from objects thrown off a high-rise building.
Thu, 11 Jul 2024 China Law in One Minute CJO Staff Contributors Team
On March 15, 2024, China issued a new regulation to implement the Consumer Protection Law, addressing issues like price discrimination with big data, effective July 1, 2024.
Wed, 03 Jul 2024 China Legal Trends CJO Staff Contributors Team
In March 2024, the Beijing Fourth Intermediate People’s Court swiftly granted interim measures within 24 hours of the case filing, supporting an arbitration administered by the Hong Kong International Arbitration Center (HKIAC).
Wed, 03 Jul 2024 China Legal Trends CJO Staff Contributors Team
In March 2024, China's State Council released an action plan, outlining 24 measures to attract foreign investment, focusing on expanding market access and enhancing investment liberalization.
Wed, 03 Jul 2024 China Legal Trends CJO Staff Contributors Team
The Beijing No. 3 Intermediate People's Court ruled that workers are entitled to overtime pay for “invisible overtime work” conducted via social media outside of working hours, protecting their right to “offline rest”.
Wed, 03 Jul 2024 China Law in One Minute CJO Staff Contributors Team
China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.
Wed, 03 Jul 2024 China Legal Trends CJO Staff Contributors Team
China’s Supreme People’s Court (SPC) has announced a new arrangement for reciprocal recognition and enforcement of civil and commercial judgments between Mainland China and Hong Kong, effective January 29, 2024.
Wed, 26 Jun 2024 Insights Meng Yu 余萌
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).
Wed, 26 Jun 2024 China Legal Trends CJO Staff Contributors Team
From 20 May 2024, the compensation standard is CNY 462.44 (approx. USD 63.75) per day, an increase of CNY 25.55 (approx. USD 3.5) compared to 2023.
Wed, 26 Jun 2024 China Legal Trends CJO Staff Contributors Team
In February 2024, China's Supreme People's Court launched the People's Courts Case Database, which provides public access to authoritative case references and aims to ensure consistent application of laws. This Database is intended to complement, rather than replace, the China Judgments Online, a flagship platform of China’s open justice that has been operational since 2013.
Wed, 26 Jun 2024 China Legal Trends CJO Staff Contributors Team
In February 2024, China's State Council issued interim regulations to establish a legal framework for carbon emissions trading, effective May 1, 2024, to support carbon reduction and neutrality goals.
