Originally from:
Business Disputes In China - 3rd Edition - Softcover
Business Disputes In China - 3rd Edition - Electronic
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— Chapter 18—
Enforcement of Foreign Court Judgments and
Foreign Arbitral Awards in China
Jessica J. Fei
I. Introduction
In the past three decades or so, the world has witnessed the fast
economic growth of China, which has become one of the largest
markets in the world. With increasing cross-border transactions
between China and the rest of the world, commercial disputes are
likely to increase accordingly. Many of these disputes may end up in
foreign courts or before arbitration tribunals, and prevailing parties
may need to seek recognition and enforcement in China of foreign
court judgments or arbitral awards. This paper considers whether this
is possible and how it can be done in China.
II. Basic Legal Framework on Enforcement of Foreign Court
Judgments
A. The PRC Civil Procedure Law
The basic rule on recognition and enforcement of foreign court
judgments in China is set forth in the PRC Civil Procedure Law.1
Articles 265 – 266 under Chapter 28 of the Civil Procedure Law,
which is titled “Judicial Assistance,” contain the following relevant
provisions:
Article 265 If a legally effective judgment or ruling made by
a foreign court seeks the recognition and enforcement of a
people’s court of the People’s Republic of China, the party
may directly apply to the intermediate people’s court of the
People’s Republic of China that has the jurisdiction over the
JESSICA J. FEI is a Partner at Herbert Smith in Beijing.
