Developments Surrounding Reciprocity and the Recognition and Enforcement of Foreign Judgements in China: A Genuine Ease on the Sino-Foreign Impasse or Advancement of China’s Economic Ambitions?

Abstract

Much emphasis appears placed on the alluring spoils of the interplay of globalization and emerging technology. With our fast-paying, speed-receiving and borderless commercial bubble, this is not farfetched. Nonetheless, we must not squeeze out the corresponding increase in commercial disputes or ignore the relevance of national and international legal architecture that underpins their resolution. Private international law rules and their relevance to commercial disputes is more critical than before considering the tech-facilitated cross-border commercial interconnectedness than now underpins trade and investment. However, questions concerning international cooperation in the resolution and enforcement of commercial disputes have become apparent; especially concerning countries with global economic significance in this case, the People’s Republic of China’s (“China”). China’s sensitivity towards national interests and sovereignty is critical to it. While this seems trivial given that countries more often than not have similar attributes, China’s case stands out. Its transition from a planned economy into an open world economic player with an “unparalleled economic growth” raises questions cornering how this relates to its sub-systems. A crucial discussing point is the recognition and enforcement of foreign judgements (“REFJ”) in china which has gained more significance in recent times. Overall, “China has been cautious” towards REFJ. Thus, this paper considers its REFJ, albeit regarding 'reciprocity' because it is the primary yardstick used by the Chinese Courts to refuse the REFJ in China. This paper aims to clarify that despite seeming so and as argued by some Chinese scholars , the recent developments concerning reciprocity, do not serve as a progressive step on China’s part towards overall ease of the Sino-foreign impasse in REFJ but rather, as a progressive strategy for China’s economic ambitions.