Enforcing Foreign Judgments in China and Chinese Judgments Abroad: Recent Developments and Remaining Challenges
Dr Jeanne Huang (Associate Professor, The University of Sydney)
Notes & Changes
For those wishing to read preparatory materials in advance, Dr Huang suggests the following:
- Jie (Jeanne) Huang, Enforcing Judgments in China: Comparing the Conference Minutes of the Supreme People’s Court with the Hague 2019 Judgments Convention, American Society of International Law Insights, Volume 26, Issue 11, 12 October 2022.
- Susan Finder, Supreme People’s Court Issues New Guidance on Cross-Border Commercial & Procedural Legal Issues, https://supremepeoplescourtmonitor.com/2022/01/28/supreme-peoples-court-issues-new-guidance-on-cross-border-commercial-procedural-issues/
- Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, Explanatory Report by Francisco Garcimartín & Geneviève Saumier, digital copy can be freely downloaded at here. (Please focus on the convention text and related explanatory report on Articles 2, 5, 6, and 7. The table of contents can be found on page 43)
- Wenliang Zhang, Guangjian Tu, The Hague Judgments Convention and Mainland China-Hong Kong SAR Judgments Arrangement: Comparison and Prospects for Implementation, 20 (1) Chinese Journal of International Law, 101-135
On January 24, 2022, the Supreme People’s Court of China issued the Minutes of the National Court’s Symposium on Foreign-Related Commercial and Maritime Trials (“Minutes”), which provide rules for judgment recognition and enforcement (“JRE”) in China when no treaty exists between China and the state of origin or the treaty does not address a particular JRE issue. Later in the year, on August 29, 2022, the European Union and its member states acceded to the 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. The Convention will enter into force in September 2023. Given that China has not signed the Convention, this talk aims to help international business actors to plan for the ways in which JRE in China will differ and understand the prospects for China to ratify the Convention.
Dr Huang's talk and discussion will be followed by a light sandwich lunch in the Private Dining Room next to the JCR Lecture Theatre. Please email conflictoflaws@law.ox.ac.uk to register your attendance and any dietary requirements.
This event is generously supported by Twenty Essex
