05 January 2021
Quantitative Analysis of the Enforcement of Foreign Judgments in China
In September 2020, ABLI released the Asian Principles for the Recognition and Enforcement of Foreign Judgments (Asian Principles), a set of 13 overarching principles dealing with foreign judgments recognition and enforcement in the Asia Pacific region.
Starting in November, we have been following up with a "Where in Asia" series of concise handbooks to address practical questions such as where in Asia judgments from a particular jurisdiction are entitled to be, have been and cannot be, recognised and enforced in other jurisdictions.
The jurisdictions considered in this mini collection are Australia, Brunei, Cambodia, China, India, Japan, Lao, Malaysia, Myanmar, the Philippines, Singapore, South Korea, Thailand and Vietnam, the same as those discussed in our two flagship judgments publications: Recognition and Enforcement of Foreign Judgments in Asia and the Asian Principles.
We are pleased to announce a new addition to this "Where in Asia", which is Quantitative Analysis of the Enforcement of Foreign Judgments in China (as of December 2020) based on a list maintained by China Justice Observer (CJO) blog on China's cases on recognition of foreign judgments (List).
Our quantitative analysis reveals the following five key insights:
- Almost three in every five applications to enforce foreign judgments in China fail.
- Seven in every ten applications brought under China’s Civil Procedure Law fail.
- Almost six in every ten applications brought under a bilateral agreement succeed.
- For every ten applications brought under China’s Civil Procedure Law, five fail for want of reciprocity.
- Fourteen percent of all applications fail for procedural errors.
For full explanations of our key insights, read the Quantitative Analysis in full here.
Readers can also find other handbooks in the "Where in Asia" series here.