Guiding Case No. 235: Summary
Image: George Hodan, Judge Gavel (Publicdomainpictures.net)
In November 2024, China’s Supreme People’s Court released Guiding Case No. 235 to illustrate its new, proactive approach to recognizing and enforcing foreign judgments.
China’s NEW Proactive Approach to Enforcing Foreign Judgments
Image: George Hodan, Royal Courts of Justice (Publicdomainpictures.net)
The coming into effect of China’s Foreign State Immunity Law at the beginning of 2024 has sparked concerns about how the Chinese judiciary will subject foreign states to the Chinese legal system because the law represents China’s transition from affording foreign states “absolute immunity” in Chinese courts to restricting the immunity to certain types of lawsuits. Amidst these concerns, the Supreme People’s Court just released a Guiding Case to illustrate its new, proactive approach to recognizing and enforcing foreign judgments. This approach not only evokes more optimism about the Chinese judiciary, but also increases the capacity of Chinese courts to help China revive its economy in 2025 and beyond by increasing the confidence of foreign parties in China’s willingness to recognize and enforce foreign judgments.
China & South Korea
Images: Denise Lett;
Africa Studio;
MattiaATH (Shutterstock.com)
In early 2022 (a special year that marks the 30th anniversary of the establishment of China–South Korea diplomatic relations), China released a Typical Case to highlight the country’s recognition and enforcement of a South Korean judgment. Why now? What messages does this send to courts inside and outside China?
China’s Belt and Road Initiative & Legal Reform
This piece describes how the release of Typical Cases related to China’s Belt and Road Initiative in 2015 ultimately led Dr. Mei Gechlik to make a suggestion at a 2018 international forum organized by the Chinese government […].