If you think that the judgment rendered by a foreign court has a good chance of being enforced in China, I am afraid that you will be disappointed. And if you think a foreign court judgment being notarized and with Chinese translation changes things, of course NOT.
Why can’t a foreign court judgment be enforced in China directly?
It happens not only in China. Actually, almost all the countries in the world won’t directly enforce a judgment made by a foreign court. This is about state sovereignty. Generally, the court of a country has exclusive jurisdictions over the people and/or things in its territory. Therefore, it can’t deal with the things or people according to a decision made by another country.
This is a key difference between the court decision and arbitration award. And it is also a key factor why people tend to choose arbitration as the dispute resolution for the international business contracts. The arbitration award rendered by widely recognized arbitration institution is generally able to be enforced directly in most countries.
Enforcement of a foreign court judgment in China, notarization and translation?
Many people have such experience that a document generated or executed outside of China needs to be notarized and translated into Chinese (if not in Chinese) and then could be submitted to the government authorities in China, especially to the court. In general case, such document is submitted to the court as a piece of proof, therefore it shall meet the legal requirements provided on the evidence generated or executed out of the territory of China. But the foreign court judgment is not submitted as mere evidence, therefore, notarization and translation won’t work.
What’s the right way to enforce a foreign court judgment in China?
According to the Civil Procedure Law of China, if a legally effective judgment or ruling made by a foreign court wants to be enforced in China, firstly, it shall be recognized by the court in China. The party concerned may directly apply for recognition and execution to the intermediate people’s court with jurisdiction over the defendant in the People’s Republic of China. Alternatively, the foreign court may, pursuant to the provisions of an international treaty concluded between or acceded to by the foreign state and the People’s Republic of China, or in accordance with the principle of reciprocity, request the people’s court to recognize and execute the judgment or ruling.
After review the judgment, the competent court may rule to recognize its effectiveness. If execution is necessary, it shall issue an order of execution, which shall be implemented in accordance with the relevant provisions of the Civil Procedure Law of China.
Not all the judgments will be recognized finally. In fact, most aren’t. If a judgment is seen to contradict the basic principles of the laws of China, or violates China’s sovereignty, security or the public interest, it won’t be recognized.