Recognition and enforcement of English High Court judgment in Mainland China

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Introduction

A recent Civil Ruling by Mainland China’s Supreme People’s Court (in proceedings commenced in the Shanghai Maritime Court) confirms that judgments and orders of the English High Court can be recognised and enforced in Mainland China.

In a nutshell, in this recent decision, the Shanghai Maritime Court had to decide:

  1. Whether there was reciprocity between Mainland China and the UK as to the recognition and enforcement of civil and commercial judgments;
  2. Whether recognition of an English court judgment will violate the principle of reciprocity under Chinese law; and
  3. Whether penalty interest in the judgments and orders fell within the scope of recognition.

Ultimately, the Supreme People’s Court held that there was reciprocity in respect of the recognition and enforcement of judgments of the English High Court in Mainland China.

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