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Vol 21 No 11 Nov/Dec 2016

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Recognition and Enforcement of Foreign Judgments in China


ISBN13: 9789041152275
Published: July 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £144.00



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This masterful analysis describes and analyses not only the formal rules affecting recognition and enforcement of foreign judgments (REJ) in China but also the “hidden” or latent factors that must be understood.

Along with in-depth descriptions of the formal channels of international dispute resolution in China – national laws, bilateral treaties, and multilateral conventions – the book covers numerous elements essential for understanding REJ in China, including the following:-

  • the “equalization of effects” approach in China;
  • the PRC’s legal system on REJ in China;
  • China’s reciprocity requirement;
  • China’s jurisdictional requirement;
  • the public policy defence under Chinese law;
  • the concept of “natural justice” in Chinese law;
  • the defence of parallel proceedings or conflicting judgments;
  • the structure of China’s courts system;
  • procedures and costs;
  • availability of provisional and protective measures;
  • legal culture and other important factors; and
  • an overview of a selected court’s practice.
Clearly, REJ in China calls for systematic understanding. This book takes the first giant step to that end, and will be hugely appreciated by business persons and counsel seeking to have foreign judgments recognized and enforced in China, or from a broad perspective, to arrange dispute resolution when Chinese elements are involved. Academics will appreciate the clear light it sheds on one of the thorniest issues in private international law.

Subjects:
Other Jurisdictions , China
Contents:
Preface.
Acknowledgments.
List of Abbreviations.
Introduction.

CHAPTER 1 A Preliminary Issue: Effects of Foreign Judgments in China.
CHAPTER 2 The Skeleton: The Legal System regarding the REJ in China.
CHAPTER 3 The Flesh: The Judicial System Supporting the REJ in China.
CHAPTER 4 The Spirit: The Hidden Factors Influencing the REJ in China.
CHAPTER 5 A Bird’s-Eye View of a Selected Chinese Court’s Practice.
CHAPTER 6 Conclusion.

Bibliography.
Index.