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

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