Learn the key requirements and procedure to enforce a US court judgment in China in 2026. Our guide covers treaties, statutes of limitations, and practical steps.
Introduction
For US companies and individuals with a winning judgment against a Chinese party, enforcing that judgment in China is often the final—and most critical—step. Unlike within the US, Chinese courts do not automatically recognize foreign judgments. This guide explains how to enforce a US judgment in China under the current legal framework, including the 2026 updates to judicial interpretations.
Step 1: Determine Whether a Treaty Exists
China has limited bilateral treaties on judicial assistance. Currently, no comprehensive treaty exists between the US and China for mutual recognition and enforcement of judgments. Therefore, enforcement relies on the principle of reciprocity and Chinese Civil Procedure Law.
Step 2: Check the Statute of Limitations
Under Chinese law, an application for recognition and enforcement must be filed within two years from the date when the judgment becomes effective in the US (or from the date of the last enforcement action). Missing this deadline will bar enforcement.
Step 3: Prepare the Required Documents
You need:
- A certified copy of the US judgment.
- A certificate from the US court stating the judgment is final and enforceable.
- Proof of service of process on the defendant (showing proper notice).
- A Chinese translation of all documents prepared by a sworn translator.
- A power of attorney authorizing a Chinese lawyer to act on your behalf.
All documents must be notarized and authenticated (apostille is not sufficient for China; you must go through consular legalization).
Step 4: File with the Competent Chinese Court
Jurisdiction lies with the Intermediate People’s Court of the place where the defendant has its domicile or where the property subject to enforcement is located. In major cities like Beijing, Shanghai, or Shenzhen, specific courts handle foreign-related cases.
Step 5: Court Review and Recognition
The court will examine whether the US judgment violates basic principles of Chinese law, national sovereignty, security, or public interest. If no such violation exists, and reciprocity can be established (i.e., US courts have enforced Chinese judgments in similar situations), the court will issue a ruling recognizing the judgment.
Step 6: Enforcement Proceedings
Once recognized, the judgment becomes enforceable like a domestic Chinese judgment. You may then apply for compulsory enforcement, which can include asset freezing, seizure, and auction.
Practical Tips for 2026
- Recent Chinese court practice shows a more open attitude toward reciprocity. In 2025, a US judgment was enforced in Shanghai based on the “presumptive reciprocity” doctrine.
- Engage a local Chinese lawyer early to navigate document preparation and court filing.
- Consider parallel asset tracing to identify bank accounts, real estate, or receivables before enforcement.
Conclusion
Enforcing a US judgment in China is complex but achievable with proper preparation. Bridge Legal Intelligence provides end-to-end support, from document legalization to court representation. Contact us for a confidential consultation.