On 17 Aug. 2020, the Shanghai Second Intermediate People’s Court (hereinafter “the Shanghai Second Intermediate Court”) rendered two rulings to recognize and enforce the judgments made by the October District Court of Minsk City, the Republic of Belarus (hereinafter “the Belarusian Court”) (Duo Mou Ni Mou v. Duo Mou Mie Mou (2020) Hu 02 Xie Wai Ren No. 4 ((2020)滬02協(xié)外認(rèn)4號), and (2020) Hu 02 Xie Wai Ren No.5 ((2020)滬02協(xié)外認(rèn)5號)).
For the full text of court decisions, please read Ruling One ((2020) Hu 02 Xie Wai Ren No. 4) and Ruling Two ((2020) Hu 02 Xie Wai Ren No.5).
I. Significance
This is the first time that a Shanghai court has accepted a case transferred by a foreign court according to the treaty, in which the foreign party applied for recognition and enforcement of a foreign judgment on alimony and child maintenance allowance.
II. Case Overview
The applicant, Duo Mou Ni Mou, is a citizen of Belarus, and the respondent, Duo Mou Mie Mou, is a Turkish citizen residing and working in Shanghai, China.
The applicant and the respondent, now divorced, were a married couple with a daughter. The applicant filed a lawsuit before the Belarusian Court, requesting the respondent to pay her alimony and child maintenance allowance.
The Belarusian Court made two judgments respectively on 6 Nov. 2018 and 12 Dec. 2018, both of which supported the applicant’s claims. However, the respondent failed to satisfy the judgments.
On 2 Apr. 2019, the applicant filed an application for recognition and enforcement of the two aforementioned judgments with the Belarusian Court. The court then transferred the application to the Shanghai Second Intermediate Court pursuant to the Treaty between the People’s Republic of China and the Republic of Belarus on Judicial Assistance in Civil and Criminal Matters (中華人民共和國和白俄羅斯共和國關(guān)于民事和刑事司法協(xié)助的條約). [1]
On 12 Mar. 2020, the Shanghai Second Intermediate Court admitted the two applications and docketed the cases separately.
On 17 Aug. 2020, the Shanghai Second Intermediate Court rendered two rulings to recognize and enforce each of the two Belarusian judgments. The Chinese rulings have now entered into force.
The case details are from a posting by the Shanghai Second Intermediate Court in its official account. [2]
It was further reported that the Shanghai Second Intermediate Court was responsible for enforcing the rulings and had served the respondent’s work unit with the Notice to Assist in Enforcement, notifying it to cooperate with the court in deducting the corresponding amount of money from the respondent’s monthly salary. [3]
III. Our Comments
Recognition and enforcement of foreign judgments under bilateral treaties is an important channel for judgment circulation, and at present, China has concluded treaties on civil judicial assistance with 35 countries that include the recognition and enforcement of court judgments. [4]This is the first time where a Shanghai court has recognized and enforced a Belarusian judgment, and also the second time, after a lapse of 19 years since 2001, that Chinese courts have handled applications for enforcing Belarusian judgments. [5]
It is worth noting that cases, where applications for enforcing foreign judgments are transferred to a Chinese court by a foreign court, are relatively rare. Previously, most of the reported cases were initiated before Chinese courts by the applicants themselves.
[1] 《中華人民共和國和白俄羅斯共和國關(guān)于民事和刑事司法協(xié)助的條約》于1993年1月11日在北京簽署，于1993 年11月29日生效。
[2] 見（2020）滬02協(xié)外認(rèn)4號裁定、（2020）滬02協(xié)外認(rèn)5號裁定。
[3] 見https://mp.weixin.qq.com/s/RKpD3p20oa5x5D3y5wWHKg，最后訪問于2020年9月20日。
[4]見http://m.larcmm.com/a/list-of-chinas-bilateral-treaties-on-judicial-assistance-in-civil-and-commercial-matters，最后訪問于2020年9月20日。
[5] 北京第二中級人民法院承認(rèn)與執(zhí)行白俄羅斯最高經(jīng)濟(jì)法庭第2-4／99號判決書，見http://news.sohu.com/81/54/news147195481.shtml，最后訪問于2020年9月20日。注：本案最終因白俄羅斯法院未依據(jù)條約合法送達(dá)，被北京高級人民法院拒絕承認(rèn)執(zhí)行前述判決，參見《最??民法院關(guān)于明斯克?動線?產(chǎn)聯(lián)合公司申請承認(rèn)及執(zhí)??俄羅斯共和國最?經(jīng)濟(jì)法庭判決?案有關(guān)問題的請?的復(fù)函》。
Photo by Osman Yunus Bekcan (https://unsplash.com/@osilost) on Unsplash
Contributors: Zilin Hao 郝梓林
