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Reciprocal Recognition and Enforcement of Foreign Judgments in China: Promising Developments, Prospective Challenges and Proposed Solutions

In: Nordic Journal of International Law
Author:
Jie (Jeanne) HuangAssociate Professor, University of Sydney Law School, Australia

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Consistent developments since 2016 demonstrate that China is determined to depart from its traditional practice – rejecting reciprocity-based judgment recognition and enforcement. This is strongly endorsed by China’s ‘One Belt, One Road’ (obor) Initiative. To develop the Chinese system of reciprocity-based judgement recognition and enforcement (jre), China will make two efforts. First, it is likely to propose unbinding memos, like the China-Singapore Memo, to the supreme courts in countries alongside the obor. Second, Chinese Supreme People’s Court will issue a judicial interpretation to clarify the scope, requirements of, and defences against reciprocity-based jre.

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