Could American Court Judgment be Enforced in China
Wuhan Intermediate court accepted a case of recognizing and enforcing American court judgment, rendered verdict to recognize and execute the judgment issued by Los Angeles Superior court in California, this case is the first case of Chinese court recognized the commercial judgment of American court.
In this case, the applicants Mr. Liu and defendant Tao, Tong, are all Chinese Americans. In July 2014, Los Angeles Superior court in California rendered a default judgment involving share transfer agreement dispute between plaintiff Liu and defendant Tao, Tong who did not attend the court hearing, judged that Tao and Tong reimbursed Mr. Liu 125,000 dollar of share transfer, and assumed the accrued interest and litigation fee. The defendant has real property in Wuhan China, and habitual residence also in there.
Mr. Liu applied to Wuhan Intermediate court to recognize and enforce the court judgment of America. China and America have not concluded or jointly participated in any bilateral Judgment recognition and enforcement of civil and commercial international treaty. Before that, Chinese court did not recognize any American judgment according to the doctrine of reciprocity. After Wuhan Intermediate Court reviewed the jurisdiction of American, due notice to defendant, if having precondition of reciprocity of America recognized Chinese judgment, and if violating the fundamental legal principal of Chinese law, or sovereignty, security, social public interest, at last the court rendered verdict to recognize and enforce this judgment.