Recognition And Enforcement Of Foreign Judgments In China

Abstract: In recent years, with China's increasing emphasis on opening-up, the recognition and enforcement of foreign judgments has become more readily provided for under China's laws and judicial practice. In this regard, China has seen more and more interaction – and indeed tension – between its own laws and regulations on one hand, and foreign judgments on the other. In this article, we will examine the attitudes of Chinese mainland courts to recognising and enforcing a judgment rendered by a foreign court, particularly as regards, as provided in Article 299 of the Chinese Civil Procedure Law (a) the principle of "reciprocity"; and (b) "not violating the basic principles of laws of China" — this article will specifically consider punitive damages as an example.