The Enforcement of Domestic and Foreign Court Judgments in the PRC - Chapter 8 - Dispute Resolution in China

Author(s):

Peter Yuen

John Choong

Page Count:

28 pages

Media Description:

1 PDF Download from "Dispute Resolution in China"

Published:

July, 2012

Jurisdictions:

China

Practice Areas:

Court Decisions,

Enforceability,

Procedure for Enforcement

Author Detail:

Peter Yuen
Mr. Yuen is a Partner of Freshfields Bruckhaus Deringer’s dispute resolution group, based in the firm’s Hong Kong and Beijing offices. His practice spans a number of areas including international and regional arbitration. Mr. Yuen regularly acts for clients in complex commercial disputes before the Hong Kong court, and is experienced in acting as coordinating counsel in cross-border multi-jurisdictional disputes, particularly in matters involving court proceedings in China. Mr. Yuen is ranked as a Leading Individual for International Arbitration in Chambers Asia and has been recognised in the Global Arbitration Review Who’s Who since 2010. He is also a member of the Board of the Institute for Transnational Arbitration. Mr. Yuen publishes regularly in a number of leading arbitration and dispute resolution journals. He is also a contributing editor of the Hong Kong White Book. Before studying law in England, Mr. Yuen read chemistry at Oxford University, and was a teaching fellow at Cornell University. He joined the firm in 1996, and is qualified as a solicitor in England and Wales and in Hong Kong.

John Choong
Mr. Choong is Counsel with Freshfields Bruckhaus Deringer’s Dispute Resolution Group, based in the Hong Kong office. His practice focuses on Asia-related cross-border disputes, particularly those involving arbitration and Greater China. He has acted in matters throughout Asia, including in some of the most important Asian disputes in recent years. These have included several billion-dollar plus disputes, and litigations up to the UK Privy Council. He is a Fellow of the Chartered Institute of Arbitrators, and also sits as an arbitrator. Mr. Choong is listed as a leading individual for dispute resolution in Chambers Global, and is admitted in Hong Kong, England and Wales and Singapore. He sits on various arbitration boards and committees, and has spoken and published widely, most recently as co-Editor of the Asia Arbitration Handbook (Oxford University Press) and the Hong Kong Arbitration Ordinance: Commentary and Annotations (Sweet & Maxwell).

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Description:

Originially from Dispute Resolution in China

Enforcement of court judgments—whether domestic or foreign— in the People’s Republic of China has often been considered both challenging and unpredictable. This chapter outlines the procedures involved in enforcing domestic and foreign court judgments in the People’s Republic of China, the challenges that are often faced and how the enforcement regime has evolved in recent years.

I. Introduction

Parties who have been involved in China-related proceedings will be aware that obtaining a favourable court ruling is only half the battle won. If a party refuses to comply with a judgment, further steps need to be taken to enforce that judgment in order for the party to obtain the benefit of the judgment. In the People’s Republic of China (PRC), this often requires considerable perseverance and familiarity with local conditions. Without this, the judgment lacks any practical value.

In the PRC, enforcing court judgments has often been considered both challenging and unpredictable, with respect to both domestic judgments, being those obtained in the courts of the PRC, and foreign judgments obtained in other jurisdictions (which for purposes of this chapter includes judgments rendered by the courts of Macau, Taiwan and Hong Kong).

A judgment or ruling of the People’s Court can cover a variety of legal claims; however this chapter focuses only on court judgments arising from commercial cases, pursuant to which one party is ordered to pay a sum of money to another party.

Table of Contents:

I. Introduction

II. Overview of the Basic Legal Framework in the PRC

III. Enforcement of Domestic Court Judgments in the PRC

IV. Enforcement of Foreign Court Judgments in the PRC

V. Conclusion