The High Court of England and Wales has recently recognized five effective civil and commercial judgments issued by the Qinhuai District People’s Court and the Qixia District People’s Court in Nanjing, East China’s Jiangsu province.
This marks a milestone development in the cross-border enforcement of Chinese court decisions, showcasing growing international recognition of the professionalism of Chinese courts in handling foreign-related commercial cases. The cases in question involve a total of 245 million yuan ($35.92 million).
In the underlying cases, a couple surnamed Yuan and Gao, in the course of operating the Han company, borrowed funds on multiple occasions from Li (Party A) and Chen.
The Han company also entered into an investment cooperation with a partnership formed by Jiang, Li (Party B) and Bao. Following operational difficulties, Li (A), Chen and the partnership successively demanded repayment from Yuan, Gao and the Han company and filed five civil and commercial lawsuits.
The Qinhuai and Qixia courts accepted the cases in accordance with the provisions on territorial jurisdiction and jurisdiction by agreement under the Civil Procedure Law.
As the whereabouts of defendants Yuan and Gao were unknown, the courts conducted service by public notice and heard the cases in absentia in accordance with the law, ordering the defendants to repay principal, interest and litigation costs totaling 245 million yuan.
After the judgments took effect, the plaintiffs discovered that the defendants had relocated to the United Kingdom and subsequently initiated cross-border recovery proceedings by applying to the High Court of England and Wales for recognition and enforcement of the effective judgments.
Upon review, the court fully recognized the propriety of the service by public notice adopted by the Nanjing courts, ruling that the five judgments could be enforced in England as judgment debts under common law against Yuan and Gao.
The recognition and enforcement of foreign civil and commercial judgments is an important part of cross-border dispute resolution and an act of international judicial assistance.
The high court’s recognition of the five judgments under common law principles establishes a precedent for the future recognition and enforcement of Chinese court judgments in the United Kingdom — demonstrating the rising international credibility and influence of China’s judiciary.
