Reciprocity in Recognizing and Enforcing Foreign Judgments in China

June 30, 2022 | BY

Susan Mok

Jianwei (Jerry) Fang and Runyang Liu of Zhong Lun Law Firm discuss how to invoke reciprocity for a foreign judgment in China, and explore what recent court decisions reveal about China's approach toward recognizing and applying reciprocity.

 

Summary 

  • Foreign court judgments may be recognized and enforced by Chinese courts under the principle of reciprocity.
  • A foreign judgment must have six components to invoke reciprocity: reciprocal relationship, finality, jurisdiction, due process, no prior conflicting judgment, and public policy.
  • The scope of application of the principle of reciprocity has become more precise and limited in China, reflecting a gradual convergence with international standards
  • Recent judgments of the Chinese courts indicate a more focused and liberal approach towards applying reciprocity.

 

 

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