Recognition and enforcement of foreign judgments in China : rules, practice and strategies / Wenliang Zhang.

Alphen aan den Rijn, The Netherlands : Wolters Kluwer Law & Business, 2014.

86180

Judgments, Foreign -- China.

Conflict of laws -- China.

Chapter 1. A preliminary issue : effects of foreign judgments in China

Chapter 2. The skeleton : the legal system regarding the REJ in China

Chapter 3. The flesh : the judicial system supporting the REJ in China

Chapter 4. The spirit : the hidden factors influencing the REJ in China

Chapter 5. A bird's-eye view of a selected Chinese court's practice

Chapter 6. Conclusion.

With the conclusion of negotiations moving Australia closer to the signature of a landmark free-trade agreement with China, the ability to enforce foreign, or particularly Australian, judgments in China only increases in importance. China is not a party to the Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. However, Zhang in this book based on his doctoral thesis, deals comprehensively with the three different avenues for recognition and enforcement currently available in China-national law based processes for recognition and enforcement, which have numerous hurdles including the requirement of reciprocity and the requirement that the judgment not contradict the basic principles of the laws of China nor violate its national sovereignty, security and social and public interests; enforcement under bilateral treaties, which Zhang notes presents a significantly more effective avenue for recognition and enforcement; and enforcement under particular subject-specific multi-lateral treaties. Zhang's account comprehensively addresses both the current law and practice in relation to each avenue, adding useful insights into the workings of the Chinese legal system and what they mean for recognition and enforcement.

Includes bibliographical references and index.

9789041152275

xxii, 364 p. ; 25 cm