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The Enforcement Of United States Court Judgments In China: A Research Note, Donald C. Clarke Jan 2004

The Enforcement Of United States Court Judgments In China: A Research Note, Donald C. Clarke

GW Law Faculty Publications & Other Works

Whether the judgments of United States courts can and will be enforced in China is a question that will be increasingly asked as economic ties grow between the two countries. At present, at least, the answer is straightforward: U.S. judgments will not be enforced. Chinese law requires the existence of a treaty or de facto reciprocity in order to enforce a foreign judgment; neither exists between the United States and China. Research reveals specific cases in which enforcement was refused and no cases in which enforcement was granted. Thus, the best alternative for litigants seeking the assistance of Chinese courts …