Meta Description:Enforcement of foreign court judgments in China is possible only in limited situations. This FAQ explains the legal basis, requirements, and practical steps.
1. Is it always possible to enforce a foreign judgment in China?
No. Enforcement of foreign court judgments in China is more restricted than enforcement of arbitral awards. Chinese courts usually require:
- A treaty on mutual recognition and enforcement of judgments; or
- A proven relationship of reciprocity between China and the foreign country.
Without treaty or reciprocity, recognition is unlikely.
2. How do I know if treaty or reciprocity exists?
You should:
- Check whether China has a bilateral treaty with the relevant country;
- Review known precedents where courts in that country have enforced Chinese judgments, or where Chinese courts have previously recognized judgments from that country.
Because this analysis is fact‑ and case‑law‑dependent, it is best handled by counsel familiar with both Chinese and foreign practice.
3. What kinds of judgments can be recognized?
Generally, Chinese courts may recognize:
- Final and effective civil or commercial judgments
- Issued by competent foreign courts
- That do not violate basic principles of Chinese law, sovereignty, or public order
Criminal and administrative judgments are typically outside scope, except possibly for the civil compensation elements.
4. What documents do I need?
You will normally need:
- Application for recognition and enforcement
- Original or certified copy of the foreign judgment
- Proof that the judgment is final and enforceable in the foreign state
- Evidence of proper service on the defendant in the foreign proceedings
- Certified Chinese translations
- Notarization and legalization as required
Incomplete records on service or finality are a common stumbling block.
5. Where should I file the application in China?
As with awards, you usually apply to the Intermediate People’s Court where:
- The judgment debtor is domiciled; or
- Major assets are located.
In some cases, separate proceedings are necessary to both recognize and then enforce the judgment.
6. How long does the process take?
Recognition and enforcement can easily take more than a year, depending on:
- Complexity of the judgment and underlying case
- Need for internal reporting and higher court review
- Asset situation and debtor cooperation
You should factor this into your global enforcement strategy.
7. Should I sue abroad first or proceed directly in China?
If you know from the beginning that key assets are in China, you should carefully evaluate:
- Whether suing abroad will realistically lead to enforcement in China; or
- Whether it is better to litigate or arbitrate directly in a forum more suitable for China enforcement.
Strategic planning before starting any lawsuit can avoid expensive dead‑ends.
8. How can local counsel support foreign judgment creditors?
We help by:
- Assessing whether a particular foreign judgment is likely to be recognized
- Identifying legal and evidentiary gaps before you file
- Preparing and filing applications with Chinese courts
- Combining judgment recognition with asset search and enforcement measures
If you are considering or already hold a foreign judgment and need to reach assets in China, our enforcement team can advise on your realistic options.