Dispute flagship · CIETAC / arbitration · Disputes hub.
China recognises and enforces some foreign court judgments under a treaty or under reciprocity (including the current Civil Procedure Law / judicial-practice theme). The New York Convention is for arbitral awards, not ordinary court judgments — do not file a US damages verdict “under NYC.” Courts still examine jurisdiction, finality, public policy and due process. Recognition without attachable China assets is a paper win. If you are still drafting the contract, an offshore or CIETAC arbitration clause is often the cleaner enforcement story. Hong Kong / Macao / Taiwan have separate arrangements — do not treat them as “foreign NYC.”
At a glance
| Question | Short answer |
|---|---|
| Self-executing? | No. Recognition first. |
| NY Convention? | Awards, not typical court judgments. |
| No China assets? | Do not spend the recognition budget first. |
| Still negotiating? | Arbitration clause is often cleaner. |
| HK judgment? | Separate arrangement — not this foreign-judgment tree. |
Scope and legal framework
Civil Procedure Law — recognition and enforcement of foreign judgments. An applicant asks a competent intermediate people’s court to recognise and then enforce. Grounds include treaty and reciprocity as the law and SPC practice provide. Refusal themes include public policy, lack of finality, and defective process.
Bilateral treaties / judicial assistance. Some states have a civil/commercial judgment treaty with China. Absence of a treaty is not automatically fatal if reciprocity can be shown — but it is not a slogan. Counsel maps the pair of countries.
New York Convention (awards). China is a NYC party. That path is for arbitral awards. See the arbitration guide.
Practical workflow
- Classify: foreign court judgment, arbitral award, or Greater China arrangement.
- Asset map in China (bank, equity, receivables). If empty, stop.
- Treaty / reciprocity memo for the rendering state.
- Recognition application; then enforcement measures.
Common mistakes
- Stamping “New York Convention” on a court judgment.
- Recognising a judgment against a shell with no PRC assets.
- Default judgments with broken service — public-policy / process refusals.
Action checklist
- Instrument labelled: judgment vs award vs HK/MO/TW.
- China asset memo.
- Treaty / reciprocity cite for the pair of states.
- Certified / apostilled judgment pack.
- If still in contract: arbitration clause review.
Find China dispute counsel
The dispute listings below are live DJ Classifieds profiles. Directory →
