04/10/2024
Hague, the capital of the Netherlands, known as the world center of international law, at the Peace Palace, the seat of the International Court of Justice, the 22nd Diplomatic Conference of the Hague Conference on Private International Law held a grand closing ceremony. 65 countries, with a total of more than 190 delegates, signed the final document adopting the Convention. Chinese delegates in attendance also signed the final document.
However, the Convention has yet to be formally ratified and enter into force in China.
Moreover, China has not yet acceded to any conventions on the recognition and enforcement of foreign judgments in civil and commercial matters.
Chinese courts currently have two bases for recognizing and enforcing foreign judgments: (1) bilateral treaties on mutual legal assistance between China and other countries; and (2) the principle of reciprocity.
The procedural provisions on the recognition and enforcement of foreign judgments also include:
• The subject of the application may be a party to the case or a foreign court;
• The court making the application shall be an intermediate people's court with jurisdiction;
• The application materials shall be in Chinese translation or other textual language as stipulated in the international treaty;
• The form of review is based on the relevant provisions of Chinese law;
• Recognition and enforcement of foreign court judgments need to be made in the form of an ex*****on order.
