Can a U.S. Court Judgment Be Enforced in China? A Practical Guide

The short answer is yes — but it requires careful strategy and a thorough understanding of Chinese procedural law. In this guide, we break down the key questions foreign counsel and judgment creditors need to ask before pursuing enforcement in China.

The Legal Basis: Treaty or Reciprocity?

Unlike many common law jurisdictions, China has no statutory recognition scheme for foreign judgments. Instead, enforcement rests on two possible foundations:

1. Bilateral Judicial Assistance Treaties: China has entered into bilateral treaties on judicial assistance in civil and commercial matters with approximately 39 countries. These treaties typically include provisions for mutual recognition and enforcement of court judgments. The United States is not among them.

2. The Principle of Reciprocity (互惠原则): For countries without a bilateral treaty — including the United States — enforcement depends on whether Chinese courts recognize a reciprocal relationship. If U.S. courts have recognized Chinese judgments, Chinese courts may reciprocate.

The Reciprocity Landscape

For many years, Chinese courts applied a strict de facto reciprocity test — requiring proof that a court in the foreign country had actually recognized and enforced a Chinese judgment. This created a circular problem: each side waited for the other to act first.

In recent years, Chinese courts have shifted toward “presumptive reciprocity” (推定互惠) — a more flexible standard that asks whether the foreign country’s laws would permit recognition of a Chinese judgment, rather than requiring proof of prior recognition. This shift was formalized in the 2022 Conference Summary of the Supreme People’s Court on Foreign-Related Civil and Commercial Matters.

The landmark case is Liu Li v. Tao Li (2017), in which the Wuhan Intermediate Court recognized a California judgment — the first time a Chinese court enforced a U.S. state court judgment on reciprocity grounds. Since then, courts in Shanghai, Zhejiang, and other provinces have followed suit.

Procedural Requirements

To apply for recognition and enforcement of a U.S. judgment in China, the creditor must file an application with the competent intermediate people’s court. The application must include:

• The original or certified copy of the foreign judgment, duly authenticated
• A certified Chinese translation of the judgment
• Proof that the judgment is final and binding under the law of the rendering court
• Proof that the judgment debtor was properly served with process (or appeared)
• Evidence of reciprocity, such as U.S. court decisions recognizing Chinese judgments

The application must be filed within two years of the judgment becoming enforceable.

Grounds for Refusal

A Chinese court may refuse recognition if:

• The foreign judgment is not final or binding
• The foreign court lacked jurisdiction under Chinese conflict-of-laws principles
• The judgment debtor was not properly served and did not appear
• The judgment was obtained by fraud
• Recognition would violate Chinese public policy
• There is a conflicting Chinese judgment or pending Chinese proceeding

Practical Tips for Foreign Counsel

1. Act quickly. The two-year statute of limitations runs continuously. File before it expires.
2. Trace assets first. An enforceable judgment is only as valuable as the assets behind it. Identify the debtor’s Chinese assets before filing.
3. Consider preservation. If you suspect asset dissipation, apply for pre-judgment property preservation concurrently with the recognition application.
4. Prepare for translation costs. All foreign-language materials must be translated into Chinese by a certified translator.
5. Choose your court strategically. File in a jurisdiction where the debtor has assets — and where the court has experience with foreign judgment enforcement.

Conclusion

Enforcing a U.S. judgment in China is not a theoretical exercise — it is a practical reality for creditors who approach it with proper planning and experienced local counsel. The reciprocity framework continues to develop favorably, and Chinese courts are increasingly open to recognition of common law judgments.

If you hold a U.S. judgment against a debtor with assets in China, the time to evaluate your enforcement options is now — before the assets move.

This article is for informational purposes only and does not constitute legal advice.