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Enforcement

Enforcing a Foreign Judgment or Arbitral Award in China

Last updated: 2026-06-28

On this page
  1. Two different routes
  2. Enforcing foreign arbitral awards
  3. Enforcing foreign court judgments
  4. Practical hurdles

Obtaining a judgment or award in your favour is only the start. To get paid, you usually need to enforce it where the Chinese company holds its assets. The route and its difficulty depend heavily on whether you have an arbitral award or a court judgment.

Two different routes

China is a party to the New York Convention on the recognition and enforcement of foreign arbitral awards. This makes the enforcement of foreign arbitral awards in China relatively well-established. In contrast, enforcing a foreign court judgment is governed by bilateral treaties or the principle of reciprocity, and the process can be more uncertain.

Enforcing foreign arbitral awards

To enforce a foreign arbitral award in China, you generally apply to the Intermediate People's Court in the place where the respondent has assets or is domiciled. The court reviews the award against the limited grounds for refusal under the New York Convention. If the award is valid, it will be recognised and enforced, allowing you to seize assets.

Enforcing foreign court judgments

China recognises foreign judgments primarily under:

  • Bilateral treaties on judicial assistance, or
  • Reciprocity. A Chinese court may recognise a foreign judgment if the foreign court would recognise a similar Chinese judgment.

Because reciprocity is discretionary and often fact-specific, the outcome can vary. This is why arbitration is frequently recommended for cross-border deals.

Practical hurdles

  • Timing. The application process can take significant time.
  • Asset location. You need to identify and locate the counterparty's assets in China.
  • Public policy. Chinese courts may refuse enforcement on public-policy grounds.
  • Procedural fairness. The original proceedings must have been fair and the respondent served properly.

Strategy matters

The best time to think about enforcement is when you are negotiating the contract. Choosing arbitration over litigation, and including a clear dispute-resolution clause, can dramatically improve your ability to recover.

Need help with enforcement?

If you hold a judgment or award against a Chinese company, email me for advice on the realistic path to recovery in China.