Informative Reference Cases: Enforcement of Foreign Judgments in China
2023. 7. 5
Informative Reference Cases: Enforcement of Foreign Judgments in China
Recently, the Shanghai High People's Court released the first batch of reference cases for 2023. The content mainly focuses on international commercial and maritime cases, including the validity of dispute resolution clauses, international conventions and statutes of limitations for litigation, the negative list and qualification confirmation of shareholders, cross-border guarantees, recognition and enforcement of foreign judgments in China, and marine insurance.
In the case of SPAR Shipping Company and Grand China Logistics Holding (Group) Co., Ltd.’s application for recognition of a foreign court judgment, the court clearly stated: "The determination of reciprocal relations does not require the prior recognition and enforcement of civil and commercial judgments by relevant foreign courts. If, according to the laws of the country in which the foreign court making the judgment is located, civil and commercial judgments made by the People's Court can be recognized and enforced by the courts of that country, it can be deemed that there is a reciprocal relationship between China and that country regarding the recognition and enforcement of civil and commercial judgments."
With the increasing frequency of international trade, the recognition and enforcement of judgments in foreign countries has become more common. In certain specific circumstances, seeking enforcement of a valid judgment in another country can also be an effective way to protect an enterprise's legal rights and interests. However, the difficulty of seeking enforcement in another country may vary depending on the type of case and legal jurisdiction. Therefore, it is recommended that businesses pay attention to the provisions of dispute resolution clauses in the process of signing all international commercial contracts, and seek the necessary legal advice in a timely manner.
Information source:
https://mp.weixin.qq.com/s/A6JIHMEZdyUeiTHtKZRQog
