Signed, Sealed, & Undelivered: Unsuccessful Attempts of Foreign Judgment Recognition Between the U.S. and China
With the growth of international trade between the United States and China, the issue of not having a reciprocity system for recognition and enforcement of foreign judgments between the two countries has become increasingly more prevalent. Since ratifying the New York Convention, parties from both countries have primarily relied on arbitration to settle disputes. However, as trade continuously expands, the need for a reciprocal system for foreign judgments expands alongside it. This note addresses the history of the Hague conventions and the attempts to resolve foreign judgment recognition and enforcement on a multilateral scale. The note then continues discussing how the United States and China recognize and enforce foreign judgments. On the international level, both the United States and China have signed the 2005 Choice of Court Convention; but neither have ratified it since the resulting treaty contained ambiguous provisions. To correct and clarify provisions of the Choice of Court Convention, the Hague Conference held the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. This note proposes that the United States and China should sign and ratify the 2019 Judgment Convention to ensure a reciprocal judgment recognition and enforcement system for foreign business conducted in each country, thereby protecting and strengthening future business between the two countries.
Signed, Sealed, & Undelivered: Unsuccessful Attempts of Foreign Judgment Recognition Between the U.S. and China,
16 Brook. J. Corp. Fin. & Com. L.
Available at: https://brooklynworks.brooklaw.edu/bjcfcl/vol16/iss2/4