ABLI featured in “New Exploration on Mutual Recognition and Enforcement of Civil and Commercial Judgments by Judicial Organs”

On 8 May 2019, the Honourable Justices ZHANG Yongjian1 and YANG Lei2 published an article in the People’s Judicature (人民司法) (No. 13, 2019) titled “New Exploration on Mutual Recognition and Enforcement of Civil and Commercial Judgments by Judicial Organs” (司法机关相互承认执行民商事判决的新探索). The article is available in Chinese on the website for the China International Commercial Court.

In relation to ABLI, their Honours wrote:

In addition, due to historical similarity, cultural compatibility and the close alignment of interests, it is relatively easy for countries in the region to coordinate the system for the recognition and enforcement of judgments, and the need for such coordination is also more urgent in the region. One effective way to achieve such coordination is the signing of memoranda of understanding by relying on regional partners. The Supreme People’s Court has been actively participating in the convergence of business laws in Asia project initiated by the Supreme Court of Singapore, and three senior judges serve on the Board of Governors of the Asian Business Law Institute. In August 2016, the Asian Business Law Institute established the foreign judgment project with the aim of identifying the best ways to coordinate the recognition and enforcement of foreign judgment rules between ASEAN and its major trading partners. Phase 1 of the Project has been completed where the Recognition and Enforcement of Foreign Judgments in Asia, a compendium of country reports that map the existing rules of each country, was published on January 8, 2018. It is suggested that [the Supreme People’s Court] should consider actively participating in the Project and leverage this to promote the signing of memoranda of understanding.

另外,区域内国家由于历史的相似性、文化的相容性以及利益的紧密性,判决承认和执行的制度协调相对容易,需求也更为迫切,在区域范围内依托区域合作机构商签备忘录也是一种有效的途径。 最高人民法院积极参加新加坡最高法院首倡的亚洲商法整合工作,3名高级法官担任亚洲商法研究所理事。 2016年8月,亚洲商法研究所设立了外国判决承认和执行项目,其目的是确定在东盟及其主要贸易伙伴之间协调承认和执行外国判决规则的最佳方式。 项目第一阶段的内容是确定各国现有规则,撰写国别报告,目前已经完成,并于2018年1月8日发布《在亚洲承认和执行外国判决》报告书,可以考虑以积极的态度参与该项目,推动以此为基础商签备忘录。

Their Honours’ article is helpfully summarised in English by the China Justice Observer blog. The authors of the CJO post, Meng YU and Guodong DU, provide interesting commentary on the article.

1 The Hon Justice ZHANG Yongjian is the Deputy Director of the Supreme People Court’s First Circuit Court, judge of the China International Commercial Court and member of ABLI’s Board of Governors.
2 The Hon Justice YANG Lei is a judge of the Supreme People’s Court’s 4th Civil Division.

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