Zhiheng Special Issue | The Second Issue of "Foreign-related Legal Observation Journal" Released
The 2nd issue of "Foreign-related Legal Observation Journal" has been released!
Zhiheng (Dalian) Law Firm (hereinafter referred to as "Zhiheng Dalian") has ushered in the second issue of "Foreign-related Legal Observation Publications"! This issue contains a total of 5 wonderful articles, bringing together the in-depth thinking and practical experience of 5 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. Legal Observation on Cross-Border Enforcement of Domestic Judgments - Israel
Gao Shengjie(Senior partner of Zhiheng Dalian Equity, editor-in-chief of this journal)
Although China and Israel are far apart, the two economies are highly complementary. As an "innovation country", Israel has top technological innovation capabilities, and China, as a "manufacturing power" and "consumer power", has a super-large market with 1.40 billion population and super manufacturing capabilities. Chinese capital can help Israeli startups globalize, and Israeli technology can also help China's industrial upgrading. The two sides are expected to cooperate to form a win-win model of "Israeli R & D + Chinese manufacturing + global market".
Starting from the judicial practice of cross-border enforcement between the two countries, this paper is based on the reciprocity practice of Jiangsu Overseas Enterprise Group Co., Ltd. v. Itshak Reitmann, and explores the legal services for the recognition and enforcement of effective judgments in China in Israel, for the reference of domestic enterprises.
Notwithstanding the geographical distance between China and Israel, the two nations exhibit high economic complementarity. Israel, as the 'Nation of Innovation,' possesses cutting-edge technological innovation capabilities, while China, as the 'Manufacturing Powerhouse' and 'Consumption Giant,' maintains a supersized market of 1.4 billion population and unparalleled manufacturing capacity. Chinese capital may facilitate the globalization of Israeli startups, whereas Israeli technologies could propel China's industrial upgrading. Both parties may establish a mutually beneficial cooperation model characterized by 'Israeli R&D + Chinese Manufacturing + Global Market.' This article examines the legal services concerning the recognition and enforcement of Chinese domestic judgments in Israel, commencing from the judicial practices of cross-border enforcement between the two nations, with particular reference to the reciprocity precedent set in Jiangsu Overseas Group Corporation Limited v. Itshak Reitmann, for the reference of domestic enterprises.
2. Legal Observation on Cross-Border Enforcement of Domestic Judgments - Singapore
Zhao Yifeng(Zhiheng Dalian practicing lawyer)
Recognition and enforcement of Chinese judgments in Singapore is a complex legal issue that involves the two countries' very different legal systems, judicial systems and international judicial assistance mechanisms. Although China and Singapore signed the Treaty on Mutual Legal Assistance in Civil and Commercial Matters in 1997, it unfortunately does not cover the recognition and enforcement of judgments.
Therefore, in the absence of a specific treaty, the recognition and enforcement of Chinese judgments in Singapore mainly relies on the common law framework, bilateral memorandums, and the principle of reciprocity. The purpose of this paper is to systematically sort out the legal system and judicial practice of the recognition and enforcement of Chinese court judgments in Singapore, analyze in depth the key legal issues and practical challenges, and put forward practical suggestions.
Through the analysis of relevant legal frameworks, judicial practices and typical cases, it provides a reference for Chinese enterprises and individuals seeking judgment enforcement in Singapore.
The recognition and enforcement of Chinese judgments in Singapore constitutes a complex legal issue involving fundamentally distinct legal systems, judicial institutions, and international judicial assistance mechanisms between the two jurisdictions. Notwithstanding the execution of the Treaty on Civil and Commercial Judicial Assistance between China and Singapore in 1997, it regrettably excludes provisions concerning judgment recognition and enforcement. Consequently, under the current absence of specialized treaties, the enforcement of Chinese judgments in Singapore primarily relies on common law frameworks, bilateral memoranda, and the principle of reciprocity. This article systematically examines the legal regime and judicial practices governing the recognition of Chinese court judgments in Singapore, conducts in-depth analysis of pivotal legal issues and practical challenges, and proposes actionable recommendations. Through comprehensive scrutiny of relevant legal frameworks, judicial precedents, and landmark cases, it provides authoritative references for Chinese enterprises and individuals seeking judgment enforcement in Singapore.
3.Legal Observation on Cross-border Enforcement of Domestic Judgments - New York State, USA
Liu Fang(Zhiheng Dalian partner)
The trade war between China and the United States has reignited since the Trump administration, when former President Donald Trump imposed a 34% tariff on Chinese goods, a move that marked a major turning point in the economic relationship between the two countries. China responded with reciprocal retaliation, raising tariffs and tightening export controls, among other measures, indicating that the confrontation between the two sides has escalated into a central issue in the global economic landscape.
Domestic creditors must start thinking about the impact of this trade war on the enforcement of Chinese court judgments in the United States. As a major destination for wealth transfer by Chinese financial creditors, this article will explore the path of recognition and enforcement of Chinese judgments in New York State in the United States based on cross-border enforcement judicial practices between China and the United States.
The Sino-U.S. trade war reignited during the Trump administration, wherein former President Trump imposed a 34% tariff on Chinese commodities, marking a pivotal shift in bilateral economic relations. China responded with reciprocal countermeasures, including tariff escalations and enhanced export controls, evidencing the escalation of this confrontation into a central issue within the global economic landscape. Domestic creditors must now contemplate the ramifications of this trade war on the enforcement of Chinese court judgments within U.S. jurisdiction. Given New York State's status as a primary destination for asset transfers by Chinese financial creditors, this article examines the pathways for recognition and enforcement of Chinese judgments in New York through the lens of Sino-U.S. cross-border judicial enforcement practices.
4. Legal Observation on Cross-Border Enforcement of Domestic Judgments - Brazil
tranquility(Zhiheng Dalian practicing lawyer)
In recent years, the economic and trade relations between China and Brazil have become increasingly close. China has maintained the position of Brazil's largest trading partner for 15 consecutive years, and Brazil is also China's largest trading partner in Latin America. The close economic exchanges between China and Brazil are often accompanied by disputes and the need for the recovery and enforcement of relevant overseas assets. This article systematically sorts out the legal procedures for the recognition and enforcement of Chinese commercial judgments in Brazil based on the content of the Treaty between the People's Republic of China and the Federative Republic of Brazil on Judicial Assistance in Civil and Commercial Matters.
In recent years, the economic and trade relations between China and Brazil have grown increasingly close, with China maintaining its position as Brazil's largest trading partner for 15 consecutive years, while Brazil remains China's top trading partner in Latin America. Given the depth of economic interactions between the two nations, commercial disputes and the ensuing need for cross-border asset recovery and enforcement have become increasingly prominent. This article systematically examines the legal procedures for the recognition and enforcement of Chinese commercial judgments in Brazil, with reference to the Treaty on Judicial Assistance in Civil and Commercial Matters between the People’s Republic of China and the Federative Republic of Brazil.
5. Legal Observation on Cross-Border Enforcement of Domestic Judgments - Spain
Huang Wenjie(Zhiheng Dalian partner)
In 2024, the bilateral trade volume between China and the West exceeded 50 billion US dollars for the first time. China will be Spain's largest trading partner outside the European Union. At the same time, Spain's new enterprises in China increased by 32.7%, and the growth rate of foreign investment reached 129.9%. Two-way investment ushered in an explosive period. With the rapid growth of bilateral trade, cross-border commercial disputes between various entities of the two countries have also increased.
Based on the Treaty between the People's Republic of China and the Kingdom of Spain on Judicial Assistance in Civil and Commercial Matters signed by China and Spain in 1992, this paper explains in detail the legal path for the recognition and enforcement of Chinese judgments in Spain.
In 2024, the bilateral trade volume between China and Spain exceeded US$50 billion for the first time, with China remaining Spain’s largest trading partner outside the European Union. Meanwhile, newly established Spanish enterprises in China increased by 32.7%, and foreign investment growth reached 129.9%, marking a period of rapid expansion in two-way investment. Alongside the rapid growth in bilateral trade, cross-border commercial disputes between various entities of the two countries have also risen. This article provides a detailed analysis of the legal pathways for the recognition and enforcement of Chinese judgments in Spain, with reference to the Treaty on Judicial Assistance in Civil and Commercial Matters between the People’s Republic of China and the Kingdom of Spain (signed in 1992).
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