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How to determine the deadline for applying to Chinese courts for recognition and enforcement of foreign civil judgments? -- Answers to Several Difficult Issues Concerning Foreign-related Commercial Trials (Part Two) (11)

by the Ningbo Intermediate Court

· Laws and Regulations,Lawyer,Transnational Commerce

Answer: China's Civil Procedure Law andrelated laws do not specify a time limit for the recognition and enforcement of foreign civil judgments. Article 5 of the Notice of the Supreme Court on the Implementation of China's Accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards stipulates that "Applicants applying for the enforcement of foreign arbitral awards shall submit their application within the time limit prescribed by Chinese law." Referring to the spirit of this notice, applications for the recognition and enforcement of foreign civil judgments to Chinese courts shall be submitted within the time limit prescribed by Chinese Civil Procedure Law. After the amendment of the Civil Procedure Law in October 2007, the deadline for applying for enforcement is two years. The suspension or interruption of the statute of limitations for applying for enforcement shall be governed by the relevant provisions of the law regarding the suspension or interruption of the statute of limitations. It should be noted that the time limit issues caused by the parties' supplementary materials. In its reply to the Shanghai Higher Court on the "Macquarie Neptun Application for Recognition and Enforcement of Arbitration Awards" case, the Supreme Court pointed out that although the application materials provided by the applicant during the validity period do not fully comply with relevant regulations, if they meet the requirements after being notified by the court to supplement, the court should file a case for acceptance, The recognition and enforcement of an arbitration award cannot be refused on the grounds that the applicant has not submitted a valid application within the statutory deadline.

 

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