Sino–Foreign Recognition and Enforcement of Judgments: A Promising 'Follow-Suit' Model?

16 Chinese Journal of International Law (2017), 515–545

34 Pages Posted: 30 Nov 2017 Last revised: 10 Feb 2018

Date Written: November 26, 2017

Abstract

Due to the upsurge in cross-border transaction, the movement of judgments between jurisdictions has become a hot topic. Unfortunately, China’s legislation and practice in this area has long lagged behind that of other countries, though China is not the only party to blame for the lack of a favourable Sino–foreign recognition mechanism. Encouragingly, in recent years some foreign courts have taken the initiative to recognize Chinese judgments, which Chinese courts have then responded to positively, forming a “follow-suit” circle in practice. A new opportunity has thus arrived for promoting Sino–foreign judgment recognition, and both Chinese and foreign courts should seize it, as it appears to be the most efficient and practical among possible solutions, including future domestic legislation or international treaties.

Suggested Citation

Zhang, Wenliang, Sino–Foreign Recognition and Enforcement of Judgments: A Promising 'Follow-Suit' Model? (November 26, 2017). 16 Chinese Journal of International Law (2017), 515–545, Available at SSRN: https://ssrn.com/abstract=3077702

Wenliang Zhang (Contact Author)

Renmin University of China ( email )

Beijing, Beijing 100872
China

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