Brief for Amici Curiae, Shanghai Yongrun Investment Management Co., Ltd. v. Kashi Galaxy Venture Capital Co., Ltd.

Abstract

This amicus brief argues that New York’s Appellate Division should reverse the Supreme Court’s decision to deny recognition and enforcement of a Chinese judgment on the ground that China lacks impartial tribunals and procedures compatible with due process. The brief makes three main arguments. First, the reasoning of the decision below would end the recognition and enforcement of Chinese judgments in New York State because it indicates that Chinese courts can never produce judgments entitled to recognition. Because other states adopting the Uniform Acts have the same ground for non-recognition in their laws, the effect of the Supreme Court’s decision may extend beyond New York. Second, the reasoning of the decision below applies to countries other than China. Country Reports on 141 other countries express concerns about judicial independence or corruption similar to those on which the Supreme Court relied. Third, the decision below would likely end the recognition and enforcement of U.S. judgments in China. China has recognized U.S. judgments based on reciprocity, but such reciprocity will be difficult to maintain in the face of a decision condemning the Chinese judicial system as incapable of ever producing a judgment entitled to recognition.