When it comes to enforcing US court judgments in China, the law has been clear and remains clear. China won’t do it. Not now. Not later. Maybe not ever.
We are always writing on how because Chinese courts will not enforce US court judgments it is usually pointless to pursue litigation against a Chinese company in the United States if the Chinese company’s only assets are in China. So if you have an agreement with a Chinese company that requires litigation take place in a US city, you are likely to face problems if you ever need to sue. Here are some of our posts on this:
- Chinese Companies Can Say, “So Sue Me.”
- Taking Judgments To China (And Korea), Let’s Not Sue Twice
- Will Your US Judgment Be Enforced Abroad? Not China, But Maybe
- Enforcing Foreign Judgments in China — Let’s Sue Twice
- Why Suing Chinese Companies In The US Is Usually A Waste Of Time
- How To Sue A Chinese Company. Part III. Litigation Strategies And Enforcing Judgments
So today when a lawyer from a Middle East country emailed me to discuss enforcing a large judgment from that (intentionally unnamed) country in China, I had to figure out whether China enforces that country’s judgments or not (it doesn’t). In doing that research, I came across this very helpful chart put out by the Practical Law Company, listing what countries enforce what foreign judgments. This chart does not list the enforcement rules for every country, but it does list it for the following 32 and I am guessing that will cover at least 90 percent of the searches out there: Argentina, Australia, Brazil, British Virgin Islands, Canada, Cayman Islands, China, Cyprus, Egypt, France, Germany, Hong Kong, Hungary, India, Indonesia, Ireland, Italy, Japan, Lithuania, Luxembourg, Luxembourg, Malta, Mexico, Romania, Russian Federation, Singapore, South Africa, Sweden, Turkey, USA, United Arab Emirates, and United Kingdom.
So next time you find yourself wondering whether a particular country will enforce another country’s court judgment, I urge you to check out this chart.