Till 22 September 2024, we have collected 109 cases on recognition and enforcement of foreign judgments involving P. R. China ("China") and 26 foreign States and regions (excluding Foreign divorce judgments).
As per our record, there 85 cases involving 15 nations who have no treaty relating to recognition and enforcement of each other's civil or commercial judgments with China. Among the 85 cases, 46 cases are foreign cases that were requested to be recognized in China, and 19 of them granted and recognized, 21 of them dismissed; and rest 39 cases are Chinese judgments which were requested to be recognized in other 17 nations, among them 26 cases were granted and recognized, 7 dismissed.
If a nation has no bilateral treaty with China on recognition of each other's civil or commercial judgments, then China will hold the rule of Substantial reciprocity in the first place, when the nation need to recognize ONE Chinese judgment firstly, before China can recognize any of judgment from this nation. So whether these nations ever recognized Chinese judgment, like the situations displayed in details in below, will become something matters.
Additionally, there are 24 cases involving 9 nations who have treaties relating to recognition and enforcement of each other's civil or commercial judgments with China, among them 23 cases were foreign cases which were requested to be recognized in China, and 13 cases of them were granted and recognized, and 10 cases were dismissed; and rest one case is a Chinese judgment which was requested to be recognized, but it was dismissed. And we will offer you the details in a next article.
Below are the detailed information of the 17 nations and 85 cases:
1. USA, total 22 cases; 12 USA cases were requested to be recognized in China when the results were 6 cases were granted and recognized, and 4 cases were dismissed, rest 2 cases were in other situation; 10 China cases were requested to be recognized in USA when the results were 6 cases were granted and recognized, and 2 cases were dismissed, rest 2 cases were in other situation.
2. South Korea, totally 11 cases; 9 South Korea cases was requested to be recognized in China and 3 of them were recognized, and 5 cases were dismissed, and rest 1 case is in other situations; and 2 Chinese cases were requested to be recognized in South Korea, and they were recognized.
3. Australia, total 9 cases; 3 Australian cases were requested to be recognized in China when the results were 0 cases were granted and recognized, and 2 cases were dismissed, rest 1 cases were in other situation; 5 China cases were requested to be recognized in Australia when the results were 5 cases were granted and recognized, and 1 cases were dismissed. So as per the rule of Substantial reciprocity, were any new Australian case which has no procedure defectiveness to be recognized in China, the possibility of being recognized will be quite high.
4. Singapore, totally 8 cases; 6 Singapore case was requested to be recognized in China and 5 of them were recognized, and rest 1 case was dismissed; and 2 Chinese cases were requested to be recognized in Singapore and 1 case was recognized, another case is in other situations.
5. Japan, totally 7 cases; 3 Japanese cases were requested to be recognized in China when the results were 1 case were granted and recognized, and 2 cases were dismissed; and 4 Chinese cases were requested to be recognized in Japan when the results were 2 cases were granted and recognized, and 2 cases were dismissed.
6. Germany, totally 6 cases; 4 German cases were requested to be recognized in China when the results were 2 cases were granted and recognized, and 2 cases were dismissed; 2 Chinese cases were requested to be recognized in Germany when the results were 1 cases were granted and recognized, and 1 cases were dismissed.
7. Canada, total 5 cases; all are Chinese cases which were requested to be recognized in Canada, and 2 of them were granted and recognized, no case was dismissed while 3 cases were in other situations. Same to above 2 Australia, we think the future of Chinese recognition on Canadian judgments is very promising.
8. UK, totally 4 cases; 2 South Korea cases was requested to be recognized in China and 1 case was recognized, and another case was dismissed; and 2 Chinese cases were requested to be recognized in UK, and they were recognized.
9. New Zealand, totally 3 cases; 1 New Zealand case was requested to be recognized in China but it was dismissed; and 2 Chinese cases were requested to be recognized in Zealand and they were recognized.
10. Israel, totally 2 cases; 1 Israeli case was requested to be recognized in China but it was dismissed; 1 Chinese case was requested to be recognized in Israel and it was granted and recognized.
11. Malaysia, totally 2 cases; and 1 Malaysian judgment was ever requested to be recognized in China but it was dismissed; and there was one Chinese judgment which was ever requested to be recognized in Malaysia, but it was dismissed too.
12. Netherlands, 1 Chinese case was ever requested to be recognized in Netherlands, and it was recognized.
13. British Virgin Islands (BVI), total one Chinese case which was ever requested to be recognized in BVI and it was recognized.
14. Thailand, one case, there is one Thailand case which was requested to be recognized in China, and it was recognized.
15. Kenya, 1 Kenya case was ever requested to be recognized in China but it was neither recognized nor dismissed, but in other situation (like the applicant withdraws the case, or else).
16. Myanmar, 1 Myanmar case, was ever requested to be recognized in China but it was neither recognized nor dismissed, but in other situation.
17. Chad, total 1 Chad case which was ever requested to be recognized in China but it was dismissed.