Belt & Road Typical Case 13: Towards a Liberal Interpretation of the Reciprocity Principle for Recognition and Enforcement of Foreign Judgments
China Cases Insight™ No. 3 (2018), China Law Connect, China China Law Connect (“CLC”) is a quarterly journal of the China Guiding Cases Project (the “CGCP”) of Stanford Law School aimed at advancing the understanding of Chinese law and increasing judicial transparency and accountability in China.
10 Pages Posted: 14 Apr 2021
Date Written: June 15, 2018
Abstract
In Belt & Road Typical Case 13, [1] the Supreme People’s Court (the “SPC”) endorsed the liberal approach that the Intermediate People’s Court of Nanjing Municipality, Jiangsu Province, adopted to determine the existence of a relationship of reciprocity to recognize and enforce a commercial judgment of a Singaporean court. The Typical Case demonstrates the SPC’s keen interest in fueling the development of the Belt & Road Initiative by offering cross-border judicial assistance, especially for commercial transactions. The case indicates specific factors and strategies which practitioners should consider in evaluating their chances of success applying for the recognition and enforcement of foreign commercial judgments.
JEL Classification: K33; K41
Suggested Citation: Suggested Citation