Increasing Co-operation Between Australia and China in the Recognition and Enforcement of Judgments

13 Pages Posted: 11 Jan 2022

See all articles by Richard Garnett

Richard Garnett

University of Melbourne - Law School

Date Written: 2018

Abstract

As trade and interaction between Australia and China increases, attention is being drawn to methods of dispute resolution other than international commercial arbitration, such as litigation. For litigation to be a workable option, however, there must be an effective system for recognition and enforcement of foreign judgments under both countries' laws. This commentary examines the current regimes for recognition and enforcement in Australia and China and finds, in particular, that the status of Australian judgments in China is uncertain due to the Chinese requirement of 'reciprocity'. While the results from bilateral agreements on recognition and enforcement between China and other countries have been mixed, multilateral instruments developed by the Hague Conference on Private International Law may provide a better solution.

Suggested Citation

Garnett, Richard, Increasing Co-operation Between Australia and China in the Recognition and Enforcement of Judgments (2018). Melbourne Journal of International Law, Vol. 19, No. 2, 2018, Available at SSRN: https://ssrn.com/abstract=3971950

Richard Garnett (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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