Guiding Case No. 235

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.Read more

China’s NEW Proactive Approach to Recognizing and 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.Read more

In Brief

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?Read more