Foreign judgments · Collect a debt · Asset preservation · Dispute flagship · CIETAC guide.
China recognises and enforces qualifying foreign commercial arbitral awards under the New York Convention — not under the court-judgment treaty/reciprocity tree. File at the intermediate people’s court where the respondent is domiciled or has assets. The application clock is commonly two years from the last day of the performance period in the award (confirm live CPL). Article V is the refusal list: invalid clause, defective process, non-arbitrable subject, public policy. Refusal is not a local shrug — reporting/review toward higher courts is the practice theme. No attachable China assets → a recognised award is still a paper win. Mainland CIETAC/SHIAC awards are a different enforcement statute.
At a glance
| Question | Short answer |
|---|---|
| Court judgment? | Other page. Not NYC. |
| How long to apply? | Commonly two years from the performance date — confirm CPL. |
| Where to file? | Intermediate court of domicile or assets. |
| CIETAC award? | Not this file — domestic/foreign-related award enforcement. |
| No assets? | Do not spend the recognition budget first. |
Scope and legal framework
New York Convention (China is a party). China applies the Convention to commercial awards made in other contracting states, subject to its reservations. The award must arise from a commercial relationship as China understands that reservation.
Civil Procedure Law — recognition and enforcement. The applicant asks a competent intermediate court to recognise and then enforce. Time limits follow the CPL enforcement-application rules (the two-year theme).
Article V refusals + reporting practice. Classic refusals: incapacity or invalid agreement, no proper notice, award beyond the submission, non-arbitrable matter, public policy. Practice is that a proposed refusal is reviewed upward — not a one-judge local veto.
Practical workflow
- Confirm it is a foreign-seated commercial award, not a court judgment.
- Asset map in China — then pick the court.
- Certified award + arbitration agreement; translations as the court requires.
- Recognition ruling, then enforcement / preservation.
Common mistakes
- Filing a court judgment under the Convention.
- Missing the two-year theme while chasing a settlement that never comes.
- Recognising against a shell with no PRC account.
Action checklist
- Instrument labelled: foreign award.
- Seat + institution + commercial character written down.
- China asset memo.
- Limitation date calculated from the award.
- If still drafting the contract: put a seat that you can live with.
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Attribution
Reviewed by Shi Bingbing, lawyer at Tianjin Weishang Law Firm, Tianjin. Focuses on civil litigation and commercial dispute resolution, including cross-border enforcement matters. View directory profile →
Review tier: accuracy review of drafts (statutes, procedure orientation, and practical recovery framing). Content remains general information — not legal advice for a specific matter, and no attorney–client relationship is created by reading these pages.
Last reviewed: August 2026 · Primary sources: Key statutes and treaties.
