Recognition of Foreign Judgments in China: The Liu Case and the 'Belt and Road' Initiative

30 Pages Posted: 18 Jun 2018 Last revised: 10 May 2019

See all articles by Ronald A. Brand

Ronald A. Brand

University of Pittsburgh - School of Law

Date Written: June 18, 2018

Abstract

In June, 2017, the Wuhan Intermediate People's Court became the first Chinese court to recognize a U.S. judgment in the case of Liu Li v. Tao Li & Tong Wu. The Liu case is a significant development in Chinese private international law, but represents more than a single decision in a single case. It is one piece of a developing puzzle in which the law on the recognition and enforcement of foreign judgments in China is a part of a larger set of developments. These developments are inextricably tied to the “One Belt and One Road,” or “Belt and Road” Initiative first announced by Chinese President Xi Jinping on a visit to Kazakhstan in 2013. This article traces the development of the Liu case, from the first judgment in California to the decision to recognize and enforce that judgment in Wuhan, China. It then provides the context within which the decision on recognition and enforcement was made, and discuss the way the decision fits within President Xi’s “Belt and Road” Initiative and the pronouncements of the Chinese People’s Supreme Court which have encouraged the recognition and enforcement of foreign judgments as part of that Initiative.

(Case translation by Yuting Xu.)

Keywords: recognition and enforcement of judgments, judgments recognition, judgments, private international law; international litigation, dispute settlement, Belt & Road, One Belt One Road, China, international law, international trade law, transnational litigation, law and economics, litigation process

JEL Classification: K00, K12, K33, K41

Suggested Citation

Brand, Ronald A., Recognition of Foreign Judgments in China: The Liu Case and the 'Belt and Road' Initiative (June 18, 2018). Journal of Law and Commerce, Vol. 37, p. 29, 2018; U. of Pittsburgh Legal Studies Research Paper No. 2018-16. Available at SSRN: https://ssrn.com/abstract=3198312

Ronald A. Brand (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States

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