Originally from:
Doing Business in China
SYNOPSIS
§ 8.01 Introduction
§ 8.02 Overview of the Basic Legal Framework in the PRC
§ 8.03 Enforcement of Domestic Court Judgments in the PRC
[1] Commencement of Enforcement Proceedings
[2] Enforcement Application Fee
[3] Time Limit for Making an Enforcement Application
[4] Jurisdiction
[5] Time Limit for Handling Applications
[6] Enforcement Notice
[7] Changing or Adding Parties to the Enforcement Proceedings
[8] Challenge to Jurisdiction
[9] Objections to Enforcement
[10] Failure to Comply with an Enforcement Notice
[a] Report on Assets
[b] Blacklisting
[c] Joint-Agency Enforcement Efforts
[d] Judicial Auctions
[e] Other Measures to Investigate and Preserve Assets
[11] Postponement or Suspension
[12] Closure of Enforcement Case and Closure of Existing Enforcement Proceedings
[13] Settlement
§ 8.04 Enforcement of Foreign Court Judgments in the PRC
[1] Legal Standard for Enforcement of Foreign Judgments
[a] The Foreign Court Judgment Must Be “Legally Effective”
[b] Relevant International Treaty or Reciprocity
[i] Treaty as Basis for Enforcement
[ii] Specific Reciprocal Arrangements with Hong Kong, Macau and Taiwan
[iii] Reciprocity as Basis for Enforcement
[c] Enforcement Must Not Contradict the Basic Principles of Law or Violate the Public Interests
[2] Procedure for Enforcement of a Foreign Court Judgment
§ 8.05 Conclusion
Peter Yuen is a Partner at Fangda Partners.
Kaiyu Liu is a Counsel at the firm.
John Choong and Xin Liu are Partners at Freshfields Bruckhaus Deringer, based in the Hong Kong office.
The authors would like to acknowledge the considerable assistance of Pauline Peng, Jeannette Jie, Elaine Jiang, Rebecca Lu, Adam Silverman and Vicky Zhao in preparing the current and earlier versions of this chapter and in verifying various sources.
