courts hardly enforce a foreign court judgment.

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Official Accounts:

Unfortunately, no says so.

Let’s see what the says. According to the Civil Procedure Law of PRC, a foreign judgement could be recognized and enforced by courts if it:

1) meets the provisions of an international treaty concluded between or acceded to by the foreign state and China, or

2) accords with the principle of reciprocity.

Then the party concerned could directly apply for or the foreign court may request the competent court for recognition and enforcement.

Upon reviewing such application or requirement, if the court considers that such judgment neither contradicts the basic principles of the of PRC nor violates State sovereignty, security and the public interest, then it shall rule to recognize its effectiveness and enforce it.

Actually, based on the above mentioned #1 provision, there are totally 34 countries which recognize and enforce each other’s judgement with China. Which are:

12 Asian countries: Mongolia, Turkey, Kazakhstan, Cyprus, Kyrgyzstan, Uzbekistan, Tajikistan, Viet Nam, Laos, Korea, United Arab Emirates, Kuwait

13 European countries: France, Russia, Italy, Spain, Poland, Romania, Belarus, Ukraine, Bulgaria, Greece, Hungary, Lithuania, Bosnia and Herzegovina:

4 American countries: Brazil, Argentina, Cuba, Peru

5 African countries: Egypt, Morocco, Tunisia, Algeria, Ethiopia

It’s not hard to see, few developed countries or few main trading partners of are included in the list, such as the US, British, Germany etc. So recognition and enforcement of a judgment made in these countries may only be conditioned upon the existence of a reciprocal relationship between these countries and China.

However, PRC fails to clearly specify the criteria for determining whether a reciprocal relationship exists.

Usually, a court will determine that there exists a reciprocal relationship only if the PRC court confirmed there was a precedent of the foreign country’s courts recognizing and enforcing China court judgments.

In fact, PRC courts have quite rarely recognized foreign court judgments absent an international treaty, and have not confirmed reciprocity to enforce such judgments, as long as no this foreign court’s preceding recognition and enforcement of a PRC court judgment.

Source: Sophie Mao from
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