Tue, 06 Aug 2024 Insights Meng Yu 余萌
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).
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, 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, 12 Jun 2024 Insights Meng Yu 余萌
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.
Sun, 19 May 2024 Insights Meng Yu 余萌
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).
Thu, 09 May 2024 Insights CJO Staff Contributors Team
In December 2023, China's Supreme People's Court (SPC) reaffirmed the supremacy of international treaties over domestic laws in foreign-related civil and commercial cases with its “Interpretation on Several Issues Concerning the Application of International Treaties and International Practices”(關(guān)于審理涉外民商事案件適用國際條約和國際慣例若干問題的解釋).
Thu, 25 Apr 2024 Insights Meng Yu 余萌
In 2023, Malaysia's High Court in Kuala Lumpur dismissed an application to enforce a Chinese monetary judgment, citing procedural irregularities and highlighting the significance of complying with formalities when presenting proof of foreign judgments (Mah Sau Cheong v. Wee Len, OS No. WA-24NCvC-800-03/2022).
Wed, 06 Mar 2024 Insights Guodong Du 杜國棟 , Meng Yu 余萌
In a historic development, the Shanghai Court recognized a Japanese bankruptcy decision in 2023, signaling a potential shift in the traditionally strained mutual recognition landscape between China and Japan ((2021) Hu 03 Xie Wai Ren No.1).
Thu, 29 Feb 2024 Insights Guodong Du 杜國棟 , Meng Yu 余萌
In 2022, a local Chinese court in Wenzhou, Zhejiang Province, ruled to recognize and enforce a monetary judgment made by the Singapore State Courts, as highlighted in one of the typical cases related to the Belt and Road Initiative (BRI) recently released by China’s Supreme People’s Court (Shuang Lin Construction Pte. Ltd. v. Pan (2022) Zhe 03 Xie Wai Ren No.4).
Sun, 31 Dec 2023 Insights Guodong Du 杜國棟 , Meng Yu 余萌
In 2022, the Ontario Superior Court of Justice of Canada refused to grant summary judgment to enforce a Chinese monetary judgment in the context of two parallel proceedings in Canada, indicating that the two proceedings should proceed together as there was factual and legal overlap, and triable issues involved defenses of natural justice and public policy (Qingdao Top Steel Industrial Co. Ltd. v. Fasteners & Fittings Inc. 2022 ONSC 279).