Recognition and enforcement by a people’s court of China of a legally effective judgment or ruling made by a foreign court

According to the relevant Chinese law, where a legally effective judgment or ruling made by a foreign court requires recognition and enforcement by a people’s court of China, the foreigners in China concerned may directly apply for recognition and enforcement to the intermediate people’s court of China which has jurisdiction. The foreign court may also, in accordance with the provisions of the international treaties concluded or acceded to by that foreign country and the People’s Republic of China or with the principle of reciprocity, request recognition and enforcement by a people’s court.

For the application or request for recognition and enforcement of a legally effective judgment or ruling of a foreign court, the people’s court shall, after examining it in accordance with the international treaties concluded or acceded to by the People’s Republic of China or with the principle of reciprocity and concluding that it does not contradict the primary principles of the laws of China nor violate state sovereignty, security and social and public interest of the country, recognize the validity of the judgment or ruling, and, if required, issue a writ of execution and enforce it in accordance with the relevant provisions of the Chinese law. If it contradicts the primary principles of the Chinese law or violates state sovereignty, security and social and public interest of the country, the people’s court shall not recognize and enforce it.

If an award made by a foreign arbitration organization requires the recognition and enforcement by a people’s court of the People’s Republic of China, the foreigners in China concerned shall directly apply to the intermediate people’s court of the place where the party subjected to enforcement has his domicile or where his property is located. The people’s court shall deal with the matter in accordance with the international treaties concluded or acceded to by the People’s Republic of China or with the principle of reciprocity.