Considerations on the Enforcement of foreign court judgments in civil and commercial cases in the People's Republic of China

Abstract

This article aims to study the enforcement of foreign court judgments in civil and commercial cases in the People's Republic of China, especially disputes inevitably arising from contractual disputes relating with international trade disputes. The parties may bring a dispute to a court under international private law, the winner of the case is obliged to bring an international judgment to enforce in other state where the property subject to execution is located.

At present, Chinese courts may accept and enforce judgments from foreign courts based on the principle of “reciprocity” in accordance with the Civil Procedure Law of China 2015 and Chinese courts accepted and enforced judgments of foreign courts Since 2016 by enforced judgments of the Singapore court's commercial case.

For Thailand, there is a tendency that the Chinese court will not enforce the judgment of the Thai court. Because it has never appeared that Thai courts have ever accepted or enforced the judgments of Chinese courts. Likewise, Chinese courts have never been the first to accept and enforce judgments of other countries as well. Therefore, the parties to the trade dispute between Thailand and China remain unpredictable whether the final outcome of the Thai court's verdict will have the opportunity to be accpeted or enforced in China.