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China Justice Observer

中司觀察

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Chinese Court Refuses to Recognize Russian Judgment Due to Due Process

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).

What’s New for China’s Rules on Foreign Judgments Recognition and Enforcement? - Pocket Guide to 2023 China’s Civil Procedure Law (1)

Meng Yu 余萌

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.

August 2023 Update: List of China’s Cases on Recognition of Foreign Judgments

Guodong Du 杜國棟 , Meng Yu 余萌

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.)

About CJO

China Justice Observer (CJO) is committed to presenting the Chinese judicial system.

Founders

Guodong Du 杜國棟
Guodong Du 杜國棟
Meng Yu 余萌
Meng Yu 余萌

Sponsor

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

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Are Directorship Agreements Arbitrable in China?

Dennis (Yongquan) Deng 鄧永泉

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).

Seen From a German Perspective – The Chinese Foreign Investment Law

Dr. Stephan M. Ebner

German investors benefit from the new Chinese Foreign Investment Law.

Deepen Interregional Judicial Assistance, Uphold and Improve the “One Country, Two Systems” Principle - Comments on the Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR

Jin Huang 黃進

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.

Featured Topics

International Service of Process in China Breakthrough for Collecting Judgments in China Series Guide to China's Civil Evidence Rules China Legal Research Guide Civil litigation in China 101 China's Supreme People's Court Evidence in Civil Proceedings in China China Laws Portal Recognition and Enforcement of Foreign Judgments in China China International Commercial Court Internet courts in China Chinese Courts Recognizing and Enforcing Foreign Arbitral Awards in China Voice of Chinese Judges China's Justice under Belt and Road Initiative People's Procuratorate

China Legal Trends

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China's Clean Energy Progress Report (2024)

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.

SPC Releases Typical Cases on Foreign Law Ascertainment

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.

China Updates Regulation for State Secrets Law

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.

Chinese Court Refuses to Recognize Russian Judgment Due to Due Process

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).

China Law in One Minute

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China Updates Regulation for State Secrets Law

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.

China Issues Regulation on Rare Earth Administration

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.

China Revises Frontier Health and Quarantine Law

CJO Staff Contributors Team

In June 2024, China revised its Frontier Health and Quarantine Law (國境衛生檢疫法) to enhance measures against infectious disease transmission, including new quarantine protocols and medical priority for affected individuals.

China Issues New Regulations to Combat Cyber Violence

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.

Insight: China Justice

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Chinese Court Refuses to Recognize Russian Judgment Due to Due Process

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).

First Thai Monetary Judgment Enforced in China, Highlighting Presumptive Reciprocity in China-ASEAN Region

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).

A Chinese Judgment Denied Enforcement by Court of NSW Australia, Due to Defective Service by Post?

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).

A Chinese Judgment Denied Enforcement in Australia, As "Public Announcement" against Natural Justice?

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).

Insight: China Legislation

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China Updates Company Law on 30th Anniversary, introducing Key Changes to Governance and Shareholding

CJO Staff Contributors Team

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.

Thus Spoke Chinese Judges on Foreign Judgments Recognition and Enforcement: Insights from Chinese Supreme Court Justices on 2023 Civil Procedure Law Amendment (4)

Meng Yu 余萌

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.

Thus Spoke Chinese Judges on Taking of Evidence Abroad: Insights from Chinese Supreme Court Justices on 2023 Civil Procedure Law Amendment (3)

Meng Yu 余萌

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.

Thus Spoke Chinese Judges on Cross-border Service of Process: Insights from Chinese Supreme Court Justices on 2023 Civil Procedure Law Amendment (2)

Meng Yu 余萌

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.

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September 2024 Update: List of China’s Cases on Recognition of Foreign Judgments

Sun, 22 Sep 2024 Insights Guodong Du 杜國棟 , 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.)

China's Clean Energy Progress Report (2024)

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.

SPC Releases Typical Cases on Foreign Law Ascertainment

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.

China Updates Regulation for State Secrets 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.

Chinese Court Refuses to Recognize Russian Judgment Due to Due Process

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).

China's New Company Law: Enforcing Paid-in Capital Rules

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.

China Issues Regulation on Rare Earth Administration

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.

China Revises Frontier Health and Quarantine Law

Tue, 03 Sep 2024 China Legal Trends CJO Staff Contributors Team

In June 2024, China revised its Frontier Health and Quarantine Law (國境衛生檢疫法) to enhance measures against infectious disease transmission, including new quarantine protocols and medical priority for affected individuals.

SPC Releases Typical Cases of Financial Fraud

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.

China Issues New Regulations to Combat Cyber Violence

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.

SPP Releases Typical Cases of Public Interest Litigation on Cultural Heritage Protection

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.

China Adopts Fair Competition Review Regulation

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.

SPC Releases Guiding Cases on Minor Protection

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.

SPC Releases Typical Cases on Yellow River Protection

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.

MPS: China Crushes Myanmar Crime Syndicates

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.

SPC Releases Typical Labor Dispute Cases

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.

Guangzhou Court Recognizes Foreign Divorce Judgment in 15 Days

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.

China’s Local Int'l Com. Court Unveils Typical Cases involving Foreign Law Cases

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.

China Cracks Down on Securities and Futures Violations

Wed, 14 Aug 2024 China Legal Trends CJO Staff Contributors Team

In May 2024, China’s Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, and China Securities Regulatory Commission jointly issued new regulations to intensify enforcement against securities and futures violations, integrating administrative and criminal justice measures to protect market integrity.

First Thai Monetary Judgment Enforced in China, Highlighting Presumptive Reciprocity in China-ASEAN Region

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).

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