Doctoraat Wenliang Zhang

Title: Recognition and Enforcement of Foreign Judgments in China: Rules, Practice and Strategies

Verdedigd in 2013

As civil and commercial contracts between China and other countries increase exponentially, so do the disputes that result from these interactions. Efficient resolution of these ensuing disputes demands cross-border movement of judgments. However, beyond some divorce and bankruptcy matters, to date hardly any foreign judgments have been recognized in China. This harsh reality calls for a full investigation of the relevant Chinese legal environment – an investigation which will enhance availability of legal remedies in China and uncover effective strategies of dispute resolution containing Chinese elements. This doctoral thesis describes and explores not only the formal rules affecting recognition and enforcement of foreign judgments (REJ) in China but also the “hidden” or latent factors that must be understood. Along with in-depth descriptions of the formal channels of international dispute resolution in China – national laws, bilateral treaties, and multilateral conventions – the thesis covers a number of elements essential for understanding REJ in China. As the thesis takes the first giant step to that end, it will help arrange international commercial disputes resolution when Chinese elements are involved.