Zhiheng Special Issue | The first issue of "Foreign-related Legal Observation Journal" was officially released
The first issue of "Foreign-related Legal Observation Journal" has been released!
Zhiheng (Dalian) Law Firm (hereinafter referred to as "Zhiheng Dalian") has ushered in the first issue of the "Foreign-related Legal Observation Journal"! This issue contains a total of 6 wonderful articles, bringing together the in-depth thinking and legal research results of 6 lawyers, presenting hot and cutting-edge topics from a professional perspective, looking forward to bringing valuable inspiration and exchanges to everyone. The abstract of this issue's articles is as follows, welcome to read:
1. Observation on the Legal System of Overseas Recognition and Enforcement of Judgments in China
Gao Shengjie(Senior partner of Zhiheng Dalian Equity, editor-in-chief of this journal)
Due to the surge in cross-border transactions and immigration, how to enforce effective judgments across different jurisdictions has become a hot topic. Especially at a time when domestic enforcement is difficult, cross-border enforcement of debtor's property has gradually become the key to breaking the law in enforcement cases. As the first article of Zhiheng (Dalian) Law Firm's Foreign-related Legal Observation Journal, this article takes the legal system and judicial practice of the recognition and enforcement of Chinese judgments in different countries and regions as the starting point, and strives to carry out a macro-perspective legal observation on cross-border enforcement work, and to think about the mechanism innovation of multilateral judicial assistance in various countries in the future.
2. Legal Observation on Cross-Border Enforcement of Domestic Judgments - Australia
Liu Shuyu(Senior Partner of Zhiheng Dalian Equity)
For many years, China has been Australia's second largest source of migrants. According to data released by the Department of Home Affairs, 7,561 Chinese citizens were naturalized in Australia between 2023 and 2024, and another 21,806 Chinese citizens were granted permanent residency.
According to the analysis of the Foreign Investment Report of the Australian Ministry of Finance, in the three years to September 2024, Chinese buyers purchased 7,312 residential units in Australia, with a total value of 8.80 billion Australian dollars, and an average price of about 1.20 million Australian dollars per unit, becoming the largest group of overseas buyers. Therefore, as a popular destination for domestic immigration and investment, Australia's cross-border civil and commercial disputes between the two countries will gradually show an upward trend.
This article combines the laws and regulations of China and Australia and the cases of Australian courts recognizing and enforcing Chinese court judgments in recent years to observe and summarize the legal procedures for the recognition and enforcement of domestic judgments in Australia, in order to inspire readers.
3.Legal Observation on Cross-border Enforcement of Domestic Judgments - Italy
Wang Chao(Senior Partner of Zhiheng Dalian)
According to the German newspaper Handelblatt, Italian Prime Minister Sergio Merogan is considering going along with U.S. President Donald Trump's request to reduce Chinese investors' shareholdings in state-owned enterprises and private companies that are considered strategic in Italy, a move that could lead to a large number of defaults by Chinese companies in Italy.
This article will analyze how to apply for recognition and enforcement of Chinese effective judgments in Italy from the bilateral treaties between China and Italy and Italy's domestic enforcement system.
4. Legal Observation on Cross-Border Enforcement of Domestic Judgments - Morocco
Li Shuo(Senior Partner of Zhiheng Dalian)
Morocco is one of the earliest countries to join the "Belt and Road Initiative" and has implemented a visa-free policy for Chinese citizens since 2016. Morocco has signed free trade agreements with the European Union, the United States, the United Kingdom, the African Continental Free Trade Area and the Greater Arab Free Trade Area. Chinese companies can set up production bases in Morocco, and products that meet Morocco's origin standards can enter Europe and other relevant markets with zero tariffs.
Therefore, in the context of the increasingly close commercial cooperation between China and Morocco, the study on the recognition and enforcement of Chinese judgments in Morocco is of great significance. This article will summarize the procedures for the recognition and enforcement of Chinese judgments in Morocco in combination with the Agreement between the People's Republic of China and the Kingdom of Morocco on Judicial Assistance in Civil and Commercial Matters, in order to provide reference for domestic enterprises when they encounter similar problems in the future.
5.Legal Observation on Cross-border Enforcement of Domestic Judgments - UK
Luffy(Zhiheng Dalian partner)
In December 2022, the UK High Court achieved the first recognition and enforcement of Chinese judgments in the UK through a summary judgment. This case opened up a new cross-border recourse channel for Chinese creditors, which is a milestone. This article will analyze and summarize the basis and conditions for the recognition and enforcement of Chinese judgments in the UK based on the judicial practice of recognition and enforcement of judgments in China and the UK, and the above successful cases.
6.Legal Observation on Cross-border Enforcement of Domestic Judgments - New Zealand
Sun Baoqi(Senior Partner of Zhiheng Dalian)
Since the entry into force of the China-New Zealand Free Trade Agreement, China and New Zealand have made remarkable achievements in cooperation in various fields. The bilateral trade in goods has grown strongly, increasing by more than five times compared with the entry into force of the agreement. For a long time, China has always occupied an important position as New Zealand's largest trading partner, largest export market and largest source of imports.
With the frequent and close trade exchanges between the two sides, the issue of mutual recognition and enforcement of judicial assistance between the two countries has become more significant for research.
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