Recognition and enforcement of Foreign Judgment in China

Basis for a Foreign Judgment holder to file a petition:

1. Multi-lateral treaties, i.e. Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, but China is not a party to this convension yet;

2. Bi-lateral treaties on reciprocal judgment recognition and enforcement, China has entered into bi-lateral recognition and enforcement treaty with many countires, including France, Italy, Spain, Russia, Australia, Turkey, Argentina, Peru, Romania, Poland, Hungary, Lithuania, Ukraine, White Russia, Greek, Cyprus, Egypt, United Arab Emirates, Kuwait, Tunisia, Morocco, DPRK, Laos, Vietnam, Uzbekistan, Tajikistan, Kyzakhstan, Bulgaria, Cuba and Mongolia.

3. The basis of reciprocity, If an recognition and enforcement treaty does not exist between China and the cournty where the judgment court locates, PRC courts mayalso recognize and enforcement foregin judgments on the basis of reciprocity, which means that judgment granted by PRC courts had been recognized and enforced in that country previously. It remains to be seen whether one precedent case of a foreign court's recognition and enforcement of a PRC judgment would suffice to establish reciprocity.

The last resort when the foreign judgment holder cannot file a petition in China to recognize and enforcement the judgment is to bring action in the competent court in China.