Dispute Resolution & Enforcement
Partner-led recognition and enforcement proceedings before the Chinese courts, coordinated between our Shanghai head office and our London office at 85 Great Portland Street.
A foreign judgment or arbitral award has no automatic effect in mainland China: it must first be recognised by a Chinese court before any assets can be touched. The correct route depends on what you hold. Court judgments travel by treaty or reciprocity; arbitral awards travel under the New York Convention, to which China acceded in 1987. We act for overseas businesses and their solicitors at every stage, from feasibility assessment through to actual recovery.
For judgments, there is no bilateral treaty between the UK and China on recognition and enforcement, so English judgments rely on reciprocity. The Supreme People's Court's 2021 conference minutes on foreign-related commercial and maritime trials materially relaxed the reciprocity test, and the amended Civil Procedure Law, in force since 1 January 2024, now codifies the grounds on which recognition may be refused, including public policy and defective service. Whether a particular judgment has a realistic prospect of recognition must be assessed case by case.
Arbitral awards are the more established path. Applications go to the intermediate people's court where the respondent resides or holds assets, and the Supreme People's Court's internal reporting system — under which no lower court may refuse enforcement of a foreign award without its approval — keeps refusals rare. Either way, preparation is decisive: an apostilled judgment or award, a certified Chinese translation, early asset investigation and, critically, filing within the two-year limitation period for enforcement applications.
A candid, partner-led review of your judgment or award before you commit to proceedings: the correct route into China (treaty, reciprocity or the New York Convention), refusal risks and your limitation position.
Applications under the amended Civil Procedure Law (in force 1 January 2024), including reciprocity submissions based on the criteria in the Supreme People's Court's 2021 conference minutes and rebuttal of the statutory refusal grounds.
New York Convention applications to the competent intermediate people's court, including responding to Article V challenges on public policy, due process and arbitrability.
Tracing the debtor's bank accounts, real property, equity and receivables in China, and applying for preservation orders before or alongside the recognition application.
Coordinating apostilles under the Apostille Convention (in force for China since 7 November 2023) and certified Chinese translations between our London and Shanghai offices, so filings are right first time.
Where enforcement prospects in China are in issue before the English courts, we provide Chinese law expert reports and oral evidence in support of freezing injunctions and other relief.
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Send us the judgment or award with a short background note. We reply within one business day with a preliminary view on the available route and any immediate limitation concerns.
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We assess the reciprocity or Convention basis, review refusal risks, investigate the debtor's assets in China and advise whether preservation should be sought before filing.
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We prepare apostilled documents and certified translations, file with the competent intermediate people's court and deal with any challenge raised by the respondent.
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Once recognised, we apply for enforcement measures against identified assets, pursue negotiated settlement where sensible and manage remittance of recovered funds.
Yes — an English judgment can potentially be enforced in China through reciprocity, although there is no UK–China bilateral treaty on the recognition of judgments. The Supreme People's Court's 2021 conference minutes broadened the reciprocity test to include jurisdictions whose law would allow enforcement of Chinese judgments, which in principle covers England and Wales. Prospects still turn on the individual judgment, so each case needs a specific enforceability assessment.
Yes. China acceded to the New York Convention in 1987, subject to reciprocity and commercial reservations, so awards made in other contracting states are enforceable through the Chinese courts. Applications are filed with the intermediate people's court at the respondent's domicile or asset location. Refusals are rare in practice because the Supreme People's Court's internal reporting system requires its approval before any lower court may refuse enforcement of a foreign award.
Two years. Under the Civil Procedure Law, the period runs from the last day of the performance period specified in the judgment or award, or from the date the instrument takes effect if no performance period is specified, and Chinese courts apply the same two-year period to applications to recognise and enforce foreign judgments and arbitral awards. The period may be suspended or interrupted in limited circumstances, but relying on that is unwise; if your deadline is approaching, seek Chinese law advice immediately.
You will normally need the original or a certified copy of the judgment or award, apostilled in the country of origin, together with a certified Chinese translation. Since the Apostille Convention entered into force for China on 7 November 2023, an apostille replaces consular legalisation for public documents from member states, including the UK. Proof of service and, for awards, the arbitration agreement are also usually required.
Only on limited grounds. For judgments, the amended Civil Procedure Law (in force 1 January 2024) permits refusal where the foreign court lacked jurisdiction, the defendant was not properly served, the judgment was obtained by fraud, it conflicts with an existing Chinese judgment, or enforcement would violate PRC public policy. For New York Convention awards, the Convention's Article V grounds apply. Courts examine these grounds only; they do not re-hear the merits.
Recognition proceedings commonly take from several months to over a year, depending on the court, whether the respondent contests, and — where refusal of an award is proposed — the internal reporting procedure; realistic timelines must be assessed case by case. Enforcement against assets then follows as a separate phase. Early asset investigation and preservation applications materially improve the practical position, which is why we usually begin both alongside the recognition application.
Describe the background and what you want to achieve. We will assess the position under Chinese law and reply within one business day.
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