How to get a foreign judgment recognized and enforced in China?
Imagine this scenario:
There is a civil judgment issued by a foreign court regarding a Contract of Sale, where one of the contracting parties is a company located in China, whose property is subject to enforcement.
Two steps are necessary for a civil judgment issued by a foreign court to gain its force of law in Chinese mainland. To break it down, such judgment has to be recognized by a court having jurisdiction at first before enforcement, although in the legal practices these two steps proceed simultaneously. Plus, civil judgments need to meet some requirements by laws to qualify for recognition. So here come three questions: how to identify a court in Chinese mainland with jurisdiction? How to figure out whether the judgment will be recognized by Chinese mainland court? In the end, what materials are required for the recognition and enforcement processes? We provide you following legal analyses, you could straight skip to the conclusions to save your energies.
First, we are looking at the identification of court with jurisdiction, which determines which court you shall apply for recognition and enforcement.
According to Article 281 of Civil Procedure Law of PRC, parties to foreign judgments shall submit their applications directly to the intermediate people’s court with jurisdiction for recognition and enforcement regarding the said judgments.