The Enforcement of United States Court Judgments in China: A Research Note

6 Pages Posted: 10 Nov 2006  

Donald C. Clarke

George Washington University Law School

Date Written: May 27, 2004

Abstract

Whether the judgments of United States courts can and will be enforced in China is a question that will be increasingly asked as economic ties grow between the two countries. At present, at least, the answer is straightforward: U.S. judgments will not be enforced. Chinese law requires the existence of a treaty or de facto reciprocity in order to enforce a foreign judgment; neither exists between the United States and China. Research reveals specific cases in which enforcement was refused and no cases in which enforcement was granted. Thus, the best alternative for litigants seeking the assistance of Chinese courts is to obtain an arbitration award in a New York Convention member country - China is a member itself - or to litigate in Chinese courts.

Keywords: China,enforcement, judgments, New York Convention, Chinese law, People's Republic of China

JEL Classification: K33, K40, K41, K42

Suggested Citation

Clarke, Donald C., The Enforcement of United States Court Judgments in China: A Research Note (May 27, 2004). GWU Legal Studies Research Paper No. 236; GWU Law School Public Law Research Paper No. 236. Available at SSRN: https://ssrn.com/abstract=943922 or http://dx.doi.org/10.2139/ssrn.943922

Donald C. Clarke (Contact Author)

George Washington University Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-2830 (Phone)
202-318-4479 (Fax)

HOME PAGE: http://docs.law.gwu.edu/facweb/dclarke/

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