One-line answer: yes, but only through one of two doors. A Chinese court will recognise and enforce a foreign judgment if China has a treaty with the country that issued it, or if reciprocity exists between the two countries. If neither applies, the judgment is generally unenforceable in China and the claimant may have to sue again on the same facts.

1. What the Law Says

China’s Civil Procedure Law was revised in 2023 and took effect on 1 January 2024. Article 298 sets out the procedure for requesting recognition and enforcement: the party may apply directly to the competent intermediate people’s court, or the foreign court may make the request through judicial channels, on the basis of an international treaty or reciprocity. Article 300 lists the grounds on which recognition must be refused, including where enforcement would violate China’s basic public policy or its state sovereignty and security.

Two practical consequences follow. First, the application is filed with an intermediate court, not a district court. Second, reciprocity is a question of fact: the applicant normally has to show that courts in the other country have recognised Chinese judgments, or at least would not refuse them merely because they are Chinese.

2. Reciprocity in Practice

The turning point was a 2017 ruling. On 30 June 2017, Wuhan Intermediate People’s Court agreed to recognise and enforce a commercial judgment of the Superior Court of California, County of Los Angeles, on reciprocity grounds – publicly reported as the first time a Chinese court had recognised a US commercial judgment on that basis. The court reasoned that US courts had already enforced Chinese judgments, so a reciprocal relationship existed. Chinese courts have since applied similar reasoning in a growing number of reported cases.

3. What This Means for You

If you are enforcing a foreign judgment against assets in China, work through four steps. Check for a treaty first: China has bilateral judicial assistance treaties with many countries, but not with the United States or the United Kingdom. Without a treaty, build the reciprocity evidence before filing, because that file is the core of the application. Consider asset preservation early, since a recognised judgment is worth little if the funds have already moved. Finally, expect documentary proof: the judgment must be final and enforceable, and certified translations and evidence of proper service are required.

One warning. Chinese courts do not re-try the merits, but they do examine jurisdiction, service and public policy – and defects on those points are the most common reason applications fail.

FAQ

Q: Can I enforce a US court judgment in China?

A: Only if a treaty or reciprocity applies. China has no judicial assistance treaty with the United States, so recognition depends on reciprocity, which Chinese courts have accepted in practice since the 2017 ruling.

Q: Which court hears the application?

A: An intermediate people’s court with jurisdiction, under Article 298 of the Civil Procedure Law. The application can be made by the party directly or through the foreign court.

Q: What documents do I need?

A: The final and enforceable judgment, a certified translation, evidence that the defendant was properly served, and proof of reciprocity where no treaty applies.

Q: Can a Chinese court refuse to recognise a foreign judgment?

A: Yes. Article 300 allows refusal, including where enforcement would violate China’s basic public policy or its sovereignty and security.

Q: Will the Chinese court re-try the case?

A: No. Recognition proceedings are not a re-hearing of the merits; the court checks jurisdiction, service, finality and public policy.

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Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512